METIS SETTLEMENTS ACT (RSA 2000 cM-14)

RSA 2000 cM-14

Alberta — Consolidated Statutes

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Revised Statutes of Alberta 2000

Chapter M-14 Current as of December 18, 2025 METIS SETTLEMENTS ACT

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Amendments Not in Force This consolidation incorporates only those amendments in force on the consolidation date shown on the cover. It does not include the following amendments: 2025 c10 s38(2)(

b) repeals and substitutes s1(2)(

b) of

Schedule 2. Regulations The following is a list of the regulations made under the Metis Settlements Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg. Amendments Metis Settlements Act Land Interests Conversion .............................. 362/91 Metis Settlements Election ............................. 145/93 Metis Settlements Land Registry ................... 361/91 ............. 27/2002, 68/2008, 31/2012, 62/2013, 159/2013, 45/2014, 218/2022 Metis Settlements Subdivision ....................... 363/91 ............. 58/2004 Transitional Membership ............................... 337/90

1 METIS SETTLEMENTS ACT

Chapter M-14 Table of Contents 0.1 Recital 1

Definitions

Part 1 Metis Settlements Division 1 Settlements Established 2 Establishment 3 Corporate powers 4 Settlement office 5 Annual meetings 6 Special general meetings 7 Dissolution Division 2 Settlement Councils 8 Council composition 9 Term of office 10 Settlement chair 11 Resignation 11.1 Remuneration Division 3 Settlement Elections 12 General election 13 Election procedure 14 Eligibility to vote 15 Candidates for councillor 16 Agreement disclosures 17 Ineligible candidates

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Chapter M-14 METIS SETTLEMENTS ACT 2 21 Vacancies 22 By-elections 23 Oath of office Division 4 Resignations, Disqualifications and Insufficient Councillors 24 Resignation 25 Disqualification 26 Duty to resign if disqualified 27 Inadvertence or genuine error 28 Appeal 29 Costs may be reimbursed 30 Insufficient councillors 31 Official manager

Part 2 Settlement Council Decision Making Division 1 Settlement Council Meetings 32 Organizational meetings 33 Regular council meetings 34 Special council meetings 35 Bylaws for special meetings 36 Open meetings 37 Committee meetings 38 Procedure at meetings 39 Conflict disclosures 39.1 Effect of financial interest on agreements 40 Absence of quorum 41 Valid proceedings 42 Meeting procedures Division 2 Decisions Generally 43 Kinds of decision 44 Publication of documents 45 Recording agreements 46 Minutes 47 Resolutions Division 2.1 Councillors 47.1 Councillors

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Chapter M-14 METIS SETTLEMENTS ACT 3 Division 2.2 Prohibitions 47.2 Prohibitions Division 3 Staff and Committees 48 Settlement administrator 49 Delegation Division 4 Making Bylaws 50 Geographic jurisdiction 51 Bylaw authority 51.1 Essential services bylaw 52 Enactment of bylaws 53 Bylaws must be passed within 2 years of first reading 54 Public notice of bylaws 55 Approval of bylaws 55.1 Budget bylaws 56 Emergencies 57 Petition for a bylaw 58 Contents of petition 59 Sufficiency of a petition 60 Bylaw prepared based on petition 61 Effective date 62 Sealing bylaws 63 Bylaw penalties 64 Money payable is a debt Division 5 Enforcement 65 Inspections 66 Inspections of dwelling house 67 Documents and samples 67.1

Definitions 68 Enforcement notices 69 Problem remedied 70 Bylaw enforcement 71 Joint agreements Division 6 Provincial Law and Regulations 72 Consistency with provincial law

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Chapter M-14 METIS SETTLEMENTS ACT 4 73 Regulations

Part 3 Settlement Membership Division 1 Settlement Membership Applications 74 Application criteria 75 Indians and Inuit 76 Proving Metis identity 77 Considering membership applications 78 Membership decisions 79 Decision on applications 80 Membership approval 81 Membership records 82 Membership in one settlement only 83 Appeals 84 Appeal Tribunal hearing Division 2 Leaves of Absence and Termination of Membership 85 Leave of absence 86 Termination within member ’s probationary period 87 Termination of settlement membership 88 Notice of decision and appeal 89 Tribunal decision 89.1 Resignation from membership 90 Automatic termination 91 Effect of termination 92 Right of residence 93 Continuing entitlement to reside 94 Appeal 94.1 Enforcement of settlement council order 95 Land allocation cancelled Division 3 Settlement Members List 96 Establishment 97 Entering names on the Settlement Members List 98 Confidentiality

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Chapter M-14 METIS SETTLEMENTS ACT 5

Part 4 Settlement Land Division 1 Patented Land 99 Creation of rights and interests in patented land 100 Limits on using interests in patented land as security 101 Interests in patented land exempt from seizure Division 2 Metis Settlements Land Registry 102 Metis Settlements Land Registry regulations 103 Registrar 104 Effect of registration Division 3 Subdivision 105 Subdivision and development approval 106 Subdivision of patented land 107 Planning regulations Division 4 Expropriation 108 Expropriation Division 5 Highways 109 Highways Division 6 Regulations for Hazards 110 Regulations for hazards Division 7 Access to Patented Land 111

Definitions 112 Application 113 Purpose 114 Entry onto the surface of patented land restricted 115 Application for right of entry 116 Right of entry orders 117 Notification of right of entry order 118 Determining compensation 119 Rehearing and review of decisions

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Chapter M-14 METIS SETTLEMENTS ACT 6 120 Termination of right of entry order 121 Recovery of compensation 122 Costs of appeal 123 Review of rate of compensation 124 Notice to review rate of compensation 125 Application for a hearing 126 Order for compensation 127 Surface lease amended 128 Review initiated by lessors or occupants 129 Right to damages

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

Part 6 Financial Administration Division 1 Metis Settlements Consolidated Fund 134 Establishment 135 Accounts and records 136 Directives and rules 137 Consolidated Fund administration policy 138 Nature of the Consolidated Fund 139 Financial year 140 Payments into the Consolidated Fund 141 Money received for 2 or more purposes 142 Payments out of t he Consolidated Fund 143 Deductions from payments Division 2 General Council Financial Allocation Policy 144 Financial allocation policy 145 Amendments 146 Expiration of budget authorizations 147 Cheques and other instruments

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Chapter M-14 METIS SETTLEMENTS ACT 7 Division 3 Settlement Funds 148 Establishment of settlement funds 149 Accounts and records 150 Directives and rules 151 Settlement funds administration bylaw 152 Nature of the settlement fund 153 Financial year 154 Payments into settlement funds 155 Money received for 2 or more purposes 156 Payments out of settlement funds Division 4 Settlement Business Plans and Budgets 156.1 Business plans 157 Annual settlement budgets 158 Expiration of budget authorizations 158.1 Budget deficiencies 159 Cheques and other instruments Division 5 Protection of the Consolidated Fund and Settlement Funds 159.1 Standardized financial reports 159.2 Report of Councillor Remuneration and Expenses 160 Audits and inspection 161 Examining and taking away records 162 Confidential information 163 Audit 164 Financial Administration Act not to apply Division 6 Other Financial Matters 165 Financial and funding agreements 166 Assessment and taxation 167 Tax on well-drilling equipment 168 Development levy bylaws 169 Development levy regulation Division 7 Protecting the Public Interest 170 Budget, accounting and audits 171 Inspections and investigations 172 Petition

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Chapter M-14 METIS SETTLEMENTS ACT 8 173 Powers of inspectors and investigators 174 Report of inspector or investigator 175 Bank accounts 175.4 Immunity and confid entiality continue 176 Improper management 177 Misuse of funds 178 Comptroller 179 Replacing councillors, officials or employees Division 8 General 179.1 Information and records 179.2 Confidentiality 179.3 Immunity

Part 7 Metis Settlements Appeal Tribunal Division 1 Establishment 180 Composition 181 Unsatisfactory nominees for chair 182 Appeal Tribunal chair 183 Terms of office and vacancies 184 Panels of the Tribunal 185 Jurisdiction of panels Division 2 Metis Settlements Appeal Tribunal Land Access Panels 186 Land Access Panel 187 Existing Leases Land Access Panel Division 3 Jurisdiction 187.1 Overriding considerations 188 Alternative methods of dispute resolution 189 Responsibilities 190 Decisions 191 Costs 192 Considerations when making decision 193 How decisions are made

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Chapter M-14 METIS SETTLEMENTS ACT 9 Division 4 Procedural Matters 194 Commissioner for oaths 195 Rules of procedure 196 Rules of evidence not to apply 197 Notice to attend or produce 198 Protection of witnesses 199 Technical irregularities Division 5 Decisions 200 Written decisions 201 Directions about when orders come into force 202 Time extensions 203 Recording in Metis Settlements Land Registry Division 6 Appeals to the Court of Appeal 204 Appeals to the Court of Appeal 205 Decision about the application 206 Appeal Tribunal to be named as respondent 207 Decision of the Court of Appeal 208 Finality of Appeal Tribunal decisions 209 Enforcement of decisions Division 7 Staff and Resources 210 Employees 211 Report 212 Immunity 213 Appeal Tribunal funding

Part 8 Metis Settlements General Council Division 1 Establishment 214 Corporation established 215 Corporate powers 216 Officers of General Council 217 Internal management 217.1 Review of roles and responsibilities 218 Executive committee

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Chapter M-14 METIS SETTLEMENTS ACT 10 Division 2 Making Decisions 219 Decisions made by resolution 220 Voting 221 Resolutions must be passed at meetings 221.1 Non-attendance during emergencies 222 General Council Policies 223.1 Regulations re General Council Policies 224 Ministerial veto 225 Policies not subject to veto 226 General Council Policies subject to approval 227 Effect of Policies 228 Model bylaws 229 Ministerial regulations 230 Policies and provincial law 231 Publication of Policies 232 Co-operation with the General Council 232.1 Self-governance advancement proposals

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

Part 10 Regulations 238 Regulations generally 239 Consultation with General Council on regulations 240 Consultation with settlement councils on regulations 241 Public interest 242 Regulations fo r difficulties

Part 11 Court Proceedings 243 Offences and penalties 244 Order for compliance 245 Application to quash illegal bylaws 246 Penalties on officials

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Chapter M-14 METIS SETTLEMENTS ACT 11

Part 11.1 Joint Review Committee 246.1 Joint Revi ew Committee

Part 12 Transitional Provisions Division 2 Interim Councillors, Interim Officers of the General Council and Existing Authorizations and Orders 253 Authorizations continued 254 Orders under the Surface Rights Act Division 3 Interim Membership, and Time and Applications Made under the Former Act 256 Interim membership 257 Interim membership regulation 258 Counting time under the former Act 259 Former applications 261 Former certificates of occupancy and allocations 262 Conversion regulations Division 3.1 Composition of Settlement Councils 262.1 Composition of settlement council Division 3.2 Election of General Council Officers 262.2 Election of General council officers

Part 13 Consequential Amendments, Repeal and Commencement Division 1 Consequential Amendments 265-289 Consequential Division 2 Repeal 290 Metis Betterment Act repealed Schedules

RSA 2000

Section 0.1

Chapter M-14 METIS SETTLEMENTS ACT 12 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Recital 0.1 This Act is enacted (

a) recognizing the desire expressed in the Constitution of Alberta Amendment Act, 1990 that the Metis should continue to have a land base to provide for the preservation and enhancement of Metis culture and identity and to enable the Metis to attain self-governance under the laws of Alberta, (

b) realizing that the Crown in right of Alberta granted land to the Metis Settlements General Council by letters patent and that the patented land is protected by an amendment to the Constitution of Alberta and by the Metis Settlements Land Protection Act, (

c) in recognition that this Act, the Constitution of Alberta Amendment Act, 1990, the Metis Settlements Land Protection Act and the Metis Settlements Accord Implementation Act were enacted in fulfilment of Resolution 18 of 1985 passed unanimously by the Legislative Assembly of Alberta, and (

d) acknowledging that the Government of Alberta and the Alberta Federation of Metis Settlement Associations made The Alberta-Metis Settlements Accord on July 1, 1989. 2004 c25 s2

Definitions 1 In this Act, (

a) repealed 2004 c25 s3; (b) “Appeal Tribunal” means the Metis Settlements Appeal Tribunal established by

section 180; (b.1) “budget bylaw” means a by law referred to in

section 157; (b.2) “comptroller” means a comptroller appointed under

section 178; (c) “Consolidated Fund” means the Metis Settlements Consolidated Fund established by

section 134; (d) “councillor” means a member of a settlement council, including a settlement chair; (d.1) “essential services” means

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Section 1

Chapter M-14 METIS SETTLEMENTS ACT 13 (

i) the collection, treatment and distribution of potable water, (ii) the collection, treatment and disposal of sewage, wastewater and solid waste, and (iii) road maintenance, including maintenance of bridges and culverts; (e) “Existing Leases Land Access Panel” means the Metis Settlements Appeal Tribunal Existing Leases Land Access Panel; (e.1) “financial interest” means a financial interest as defined by General Council Policy for the purposes of this Act, but if there is no General Council Policy defining financial interest for the purposes of this Act, financial interest has the same meaning as pecuniary interest in the Municipal Government Act, with the necessary modifications; (f) “former Act” means The Metis Betterment Act, RSA 1970 c233; (g) “General Council” means the Metis Settlements General Council incorporated by

section 214; (h) “General Council Policy” means a policy or an amendment or repeal of a policy made by the General Council, and includes a regulation made under

section 229; (h.1) “general election” means an election required by

section 12; (i) “Land Access Panel” means the Metis Settlements Appeal Tribunal Land Access Panel; (j) “Metis” means a person of aboriginal ancestry who identifies with Metis history and culture; (k) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (l) “patented land” means land held in fee simple by the General Council under letters patent; (m) “public notice” means a notice given to the public in the ways described in

section 233; (m.1) “recording” in respect of a right or interest in patented land means recording as defined in the Metis Settlements Land Registry Regulation (AR 361/91);

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Section 2

Chapter M-14 METIS SETTLEMENTS ACT 14 (m.2) “registration” in respect of a right or interest in patented land means registration as defined in the Metis Settlements Land Registry Regulation (AR 361/91); (n) “settlement” means a corpora tion established by

section 2(1); (o) “settlement administrator” means the person appointed by a settlement council as the senior administrative officer of the settlement, and includes an individual authorized to act in the place of the senior administrative officer; (p) “settlement area” means the geographic area of a settlement described in

section 50(2); (q) “settlement chair” means the chair of a settlement council; (r) “settlement council” mean s the council of a settlement; (s) “settlement fund” means a fund established by

section 148; (t) “settlement member” means an individual who is a member of a settlement; (u) “spouse” means the spouse of a married settlement member, but does not include, for the purposes of

section 16(1)(b), a spouse who is living separate and apart from the settlement member if the settlement member and the spouse have separated pursuant to a written separation agreement or if their support obligations and family property have been dealt with by a court order. RSA 2000 cM-14 s1;2002 cA-4.5 s57;2004 c25 s3; 2013 c8 s2;2014 c8 s15;2021 c12 s2

Part 1 Metis Settlements Division 1 Settlements Established Establishment 2(1) The following corporations are established: (

a) Buffalo Lake Metis Settlement; (

b) East Prairie Metis Settlement; (

c) Elizabeth Metis Settlement; (

d) Fishing Lake Metis Settlement; (

e) Gift Lake Metis Settlement;

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Section 3

Chapter M-14 METIS SETTLEMENTS ACT 15 (

f) Kikino Metis Settlement; (

g) Paddle Prairie Metis Settlement; (

h) Peavine Metis Settlement.

(2) Each settlement consists of the persons who are settlement members of that settlement.

(3) The settlements are not Provincial corporations under the Financial Administration Act or the Auditor General Act. RSA 2000 cM-14 s2;2021 c12 s3 Corporate powers 3(1) Subject to this Act, a settlement has the rights, powers and privileges of a natural person.

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

a) engage in commercial activities, (

b) make investments other than those described in

Schedule 2, (

c) lend money, (

d) borrow money, (

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

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

(3) A settlement council may do some or all of the activities described in subsection (2) if (

a) a regulation passed under

section 239 or 240 approves the activity, or (

b) the activity is (

i) authorized by a General Council Policy, and (ii) permitted by a settlement bylaw. 1990 cM-14.3 s3 Settlement office 4(1) Every settlement council must name a place in the settlement area as its permanent office.

RSA 2000

Section 5

Chapter M-14 METIS SETTLEMENTS ACT 16

(2) A copy of the resolution naming the permanent office must be published in The Alberta Gazette. 1990 cM-14.3 s4 Annual meetings 5(1) Within 180 days after the end of each financial year a settlement council must call an annual meeting of the residents of the settlement area by giving public notice of the meeting.

(2) The purpose of the meeting is (

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

b) to present the audited financial statements for the immediately preceding financial year, (b.1) to present the business plan established under

section 156.1, (b.2) to discuss the audited financial statements presented under clause (

b) and the business plan presented under clause (b.1), and (

c) to discuss any matters raised by those present at the meeting. RSA 2000 cM-14 s5;2013 c10 s3 Special general meetings 6(1) Settlement members may submit a written request to the 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 settlement members signing the request is at least 10% of the population of the settlement area determined by the most recent census conducted by the settlement council.

(3) On receipt of an effective request, the settlement chair must give at least 7 days’ public notice of a special general meeting of settlement members, stating the date, time, place and purpose of the 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. 1990 cM-14.3 s6 Dissolution 7 A corporation established under

section 2(1) may be dissolved only by

an Act of the Legislature. 1990 cM-14.3 s7

RSA 2000

Section 8

Chapter M-14 METIS SETTLEMENTS ACT 17 Division 2 Settlement Councils Council composition 8(1) Each settlement has a settlement council composed of at least 3 and not more than 5 councillors.

(1.1) Each settlement council shall, at least 6 months prior to each general election, pass a resolution that establishes the size of the settlement council that will be elected in that general election.

(1.2) If a settlement council does not pass a resolution in accordance with subsection (1.1), the settlement council that will be elected in the general election shall consist of 3 members.

(1.3) A settlement council may not change its own size during the term of that settlement council.

(2) A settlement council is a continuing body. RSA 2000 cM-14 s8;2021 c12 s4 Term of office 9 The term of office of a councillor elected at a general election (

a) starts at the beginning of the organizational meeting of the settlement council held after the general election at which the councillor is elected, and (

b) ends when the successful candidates at the next general election are declared to be elected, unless the office becomes vacant earlier. RSA 2000 cM-14 s9;2004 c25 s4 Settlement chair 10(1) If there is no applicable bylaw made under subsection (2), the councillors must appoint a settlement chair from among themselves at the organizational meeting of the settlement council after a general election.

(2) A settlement council may make a bylaw providing for the settlement chair to be elected.

(3) A bylaw made under subsection (2) does not apply (

a) in respect of the 2013 general election unless the bylaw comes into effect at least 90 days before the general election, or (

b) in respect of a subsequent general election unless the bylaw comes into effect at least 180 days before the general election.

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Section 11

Chapter M-14 METIS SETTLEMENTS ACT 18

(4) If a bylaw made under subsection (2) is repealed, it continues to apply as though it were not repealed (

a) in respect of the 2013 general election unless the repeal comes into effect at least 90 days before that general election, and (

b) in respect of a subsequent general election unless the repeal comes into effect at least 180 days before that general election.

(5) The term of office of a settlement chair ends when the successful candidates at the next general election are declared elected, unless the office becomes vacant earlier.

(6) A settlement chair appointed by councillors from among themselves may be removed from the office of chair by a vote at a special meeting of the settlement council called to consider the matter in which at least the number of councillors that constitute a quorum vote in favour of removing the chair.

(7) If a vacancy occurs (

a) in the office of a settlement chair appointed by the councillors from among themselves, or (

b) within the 180-day period before the next general election, in the office of an elected settlement chair, the councillors must appoint a settlement chair from among themselves to hold office for the balance of the term.

(8) A settlement chair appointed by councillors from among themselves who (

a) is removed from office as chair, or (

b) resigns as chair, continues on the settlement council as a councillor.

(9) For greater certainty, an elected settlement chair who resigns or otherwise ceases to hold office ceases to be a member of the settlement council. RSA 2000 cM-14 s10;2004 c25 s5;2013 c8 s4;2021 c12 s5 Resignation 11(1) A settlement chair appointed by councillors from among themselves may resign the office by presenting a written notice of resignation to a settlement council meeting.

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Section 11.1

Chapter M-14 METIS SETTLEMENTS ACT 19

(2) The resignation takes effect from (

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

b) if it is not accepted by the se ttlement council at the meeting, at the moment the meeting is adjourned, unless the resignation is withdrawn before the adjournment.

(3) For greater certainty, an elected settlement chair may resign in accordance with

section 24. RSA 2000 cM-14 s11;2013 c8 s5 Remuneration 11.1(1) A settlement council shall determine any remuneration, honoraria, benefits or expenses to be paid to councillors for serving as a councillor by bylaw.

(2) A bylaw made pursuant to subsection (1) must set out the remuneration to be paid as follows: (

a) the amount to be paid to the settlement chair; (

b) the amount to be paid to the councillors who are not the settlement chair, which amount must not exceed 50% of the settlement chair’s remuneration. 2021 c12 s6 Division 3 Settlement Elections General election 12 A general election must be held for each settlement council on the first Monday in October 2013 and on the first Monday in October every 4th year thereafter. RSA 2000 cM-14 s12;2004 c25 s6;2013 c8 s6 Election procedure 13(1) Councillors must be elected to a settlement council in accordance with the Local Authorities Election Act and this Act.

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

(3) If the Local Authorities Election Act or this Act cannot be applied to an election under this Act, the Minister may make regulations governing the matter. 1990 cM-14.3 s13

RSA 2000

Section 14

Chapter M-14 METIS SETTLEMENTS ACT 20 Eligibility to vote 14 No person is eligible to vote at a general election or by-election unless that person (

a) is a settlement member, (

b) has resided in the settlement area for the 12 months immediately preceding election day, or any lesser period prescribed in a settlement bylaw, and (

c) has his or her residence in the settlement area on election day. RSA 2000 cM-14 s14;2004 c25 s8 Candidates for councillor 15 A settlement member is eligible to be nominated as a candidate for councillor 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 the settlement area for the 12 months immediately preceding nomination day, or any lesser period prescribed in a settlement bylaw, and (

c) is not ineligible or disqualified from being a candidate or serving as a councillor. 1990 cM-14.3 s15 Agreement disclosures 16(1) In this section, (a) “associates” means (

i) a partnership in which a candidate for councillor is a partner, or (ii) a corporation in which the candidate for councillor holds 25% or more of the issued voting shares, or of which the candidate is a director; (b) “immediate family” means sp ouse or adult interdependent partner, father, mother, brother, sister and children.

(2) A candidate for councillor must file with the returning officer at the time of nomination a disclosure statement setting out (

a) the number of agreements the candidate has entered into with the settlement that are still in effect and, to the extent that the candidate is aware of them, the agreements his or her

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Section 17

Chapter M-14 METIS SETTLEMENTS ACT 21 immediate family and associates have entered into with the settlement that are still in effect, and (

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

a) and how long each one lasts.

(3) The disclosure statement is to be held by the returning officer and treated as part of the election records, but must be made available to a settlement member for inspection on request during normal business hours.

(4) If a candidate does not file the disclosure statement at the time of nomination, the nomination is not valid and the returning officer may not act on it.

(5) After an election, the returning officer must give the disclosure statements of every candidate to the settlement administrator, and the settlement administrator must retain the statements for at least 4 years. RSA 2000 cM-14 s16;2002 cA-4.5 s57;2004 c25 s9;2013 c8 s7 Ineligible candidates 17(1) A settlement member is ineligible to be nominated as a candidate for councillor or to serve as councillor (

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

i) the settlement member is or becomes a judge of a court, (ii) the settlement member is or becomes an officer of the General Council, (iii) the settlement member is or becomes a member of the Appeal Tribunal, (iv) the settlement member is or becomes the auditor of the settlement, (

v) the settlement member is or becomes a member of the Senate or House of Commons of Canada or of the Legislative Assembly of Alberta, (vi) the settlement member is or becomes indebted to any settlement for more than $250, unless a written agreement has been entered into with the settlement to repay the debt and the settlement member is not behind in payments under the agreement,

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Section 21

Chapter M-14 METIS SETTLEMENTS ACT 22 (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 trusteeship order under the Adult Guardianship and Trusteeship Act, or (viii) repealed 1998 c22 s22(6), (ix) the settlement 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 councillor, or (

b) if, in the 4 years preceding election day, (

i) the settlement member was convicted of an indictable offence carrying a possibility of imprisonment for 5 or more years, (ii) the settlement member was convicted of an offence under

section 123 of the Criminal Code (Canada), or (iii) the settlement member was removed from a settlement council by a Ministerial order under

section 176.

(2) If, between nomination day and the date of the election, a candidate withdraws because the candidate is ineligible, or the returning officer is provided with a copy of an order of a court declaring a candidate to be ineligible, (

a) public notice of that fact must be given to the voters and posted in the voting stations by the returning officer, and (

b) if it is not possible to reprint the ballot forms, a vote cast for the ineligible candidate is a spoiled ballot. RSA 2000 cM-14 s17;2008 cA-4.2 s144;2013 c8 s8 18 to 20, 20.1 Repealed 2004 c25 s11. Vacancies 21 If a vacancy occurs on a settlement council (

a) more than 180 days before the next general election, the vacancy must be filled by a by-election; (

b) subject to

section 10(7), within the 180-day period before the next general election, the vacancy must be filled at the next general election. RSA 2000 cM-14 s21;2004 c25 s12;2013 c8 s9

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Section 22

Chapter M-14 METIS SETTLEMENTS ACT 23 By-elections 22 A person elected in a by-election holds office from the date the election result is declared until the end of the predecessor’s term. RSA 2000 cM-14 s22;2004 c25 s13 Oath of office 23 Every councillor must take the official oath prescribed by the Oaths of Office Act in writing before starting his or her duties and must give the oath to the settlement administrator for safekeeping. 1990 cM-14.3 s23 23.1 Repealed 2013 c8 s10. Division 4 Resignations, Disqualifications and Insufficient Councillors Resignation 24(1) A councillor may resign by giving a written notice of resignation to a settlement council meeting.

(2) The resignation takes effect (

a) from the moment it is accepted by the settlement council, or (

b) if it is not accepted by the settlement council at the meeting, from the moment the meeting is adjourned, unless the resignation is withdrawn before the adjournment. 1990 cM-14.3 s24 Disqualification 25(1) A councillor is disqualified from remaining on the settlement council if (

a) the councillor is ineligible to serve as a councillor under

section 17; (a.1) the councillor is convicted of an offence under a law in force in Alberta and sentenced to imprisonment for 3 months or more; (

b) the councillor is convicted of (

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

section 123 of the Criminal Code (Canada);

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Section 25

Chapter M-14 METIS SETTLEMENTS ACT 24 (

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

d) the councillor ceases to be a settlement member; (

e) the councillor uses information gained through his or her 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 directly or indirectly; (

f) the councillor is appointed as a judge of a court; (

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

h) the councillor becomes an officer of the General Council; (

i) the councillor is appointed as the auditor of the settlement; (

j) the councillor becomes the settlement administrator; (

k) the councillor becomes a member of the Appeal Tribunal; (

l) the councillor becomes a full-time employee of the settlement, other than as settlement administrator, unless a bylaw first approves the employment; (

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

n) the councillor becomes a formal patient under the Mental Health Act or becomes the subject of a guardianship or trusteeship order under the Adult Guardianship and Trusteeship Act; (

o) the contents of the councillor’s disclosure statement do not comply with

section 16(2); (o.1) the councillor contravenes

section 39; (

p) the councillor is disqualified from remaining on the settlement council by a court; (p.1) the councillor has a financial interest in an agreement that is not binding on the settlement under

section 39.1;

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Section 26

Chapter M-14 METIS SETTLEMENTS ACT 25 (

q) the councillor is removed from a settlement council by a Ministerial order under

section 176.

(2) If at the time that a settlement member is elected as a councillor (

a) the settlement member is the settlement administrator, the member’s employment in that office terminates on the date of the election; (

b) the settlement member is a full-time employee of the settlement, the member’s employment terminates 45 days after the date of the election, unless a bylaw is passed within the 45 days approving the continuation of the employment. RSA 2000 sM-14 s25;2008 cA-4.2 s144 Duty to resign if disqualified 26(1) If a person is disqualified from remaining a councillor, the person must immediately resign.

(2) If the person does not resign, (

a) the settlement council may apply to a judge of the Court of King’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 disqualified from being a councillor, or (

b) a settlement member eligible to vote at an annual election who (

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

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

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

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Section 27

Chapter M-14 METIS SETTLEMENTS ACT 26 (

b) declaring the person to be qualified to remain a councillor, or (

c) dismissing the application.

(4) An application must be made within one year of the date the disqualification of the councillor 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 the time at which the application is or was commenced and whether or not the councillor (

a) resigns before or after the election, (

b) was re-elected in the election, (

c) was not re-elected or di d not run in the election, or (

d) has completed a term of office. RSA 2000 cM-14 s26;2009 c53 s115;AR 217/2022 Inadvertence or genuine error 27 A judge who hears an application under

section 26 and finds that the councillor is disqualified may nevertheless dismiss the application if the judge is of the opinion that the disqualification arose inadvertently or by reason of a genuine error in judgment. 1990 cM-14.3 s27 Appeal 28(1) The decision of a judge under

section 26 or 27 may be appealed to the 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 disqualification is set aside, the Court must reinstate the councillor for any unexpired portion of the term of office for which the councillor was elected and require any person who has been elected or appointed to fill the balance of that 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 councillor was elected has expired, the person must not be reinstated, but is eligible to be elected at the next ensuing election in the settlement area, if otherwise qualified. 1990 cM-14.3 s28

RSA 2000

Section 29

Chapter M-14 METIS SETTLEMENTS ACT 27 Costs may be reimbursed 29 If an application under

section 26 is dismissed or an order is issued declaring the person qualified to remain a councillor, the settlement council may reimburse the councillor’s costs and expenses that the council considers reasonable, other than costs that have already been awarded to the councillor by the judge. 1990 cM-14.3 s29 Insufficient councillors 30(1) When for any reason the necessary number of candidates is not nominated or elected, the Minister may (

a) appoint one or more settlement 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) direct that a by-election be held and appoint a returning officer to conduct the election.

(2) If the number of councillors on a settlement council 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 filled by an election, whichever occurs first. 1990 cM-14.3 s30 Official manager 31(1) If all the seats on a settlement council become vacant, the Minister may, by order, appoint a person to act as official manager of the settlement.

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

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

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

(5) An order under subsection (1) must be published in The Alberta Gazette. 1990 cM-14.3 s31

RSA 2000

Section 32

Chapter M-14 METIS SETTLEMENTS ACT 28

Part 2 Settlement Council Decision Making Division 1 Settlement Council Meetings Organizational meetings 32(1) The first meeting of a settlement council after a general election is its organizational meeting, which must be held within 14 days after the date of the general election.

(2) The settlement administrator must give written notice of the date, time and place of the organizational meeting to the councillors. RSA 2000 cM-14 s32;2004 c25 s19 Regular council meetings 33(1) A settlement council must hold as many meetings in each year as it considers necessary to deal with settlement affairs.

(2) A settlement council may, at any meeting at which all the councillors are present, decide to hold regular meetings of the council on a stated date, time and place, in which case notice of those meetings is not necessary. 1990 cM-14.3 s33 Special council meetings 34(1) A settlement chair (

a) may call a special settlement council meeting whenever the chair 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 councillors.

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

(3) Despite subsection (2), all the councillors can agree that no notice of a particular meeting is necessary. 1990 cM-14.3 s34 Bylaws for special meetings 35(1) Every settlement council must describe in a bylaw (

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

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Section 36

Chapter M-14 METIS SETTLEMENTS ACT 29 (

b) the means by which the settlement administrator is to keep a record of the notices.

(2) Only the business specified in the notice calling the meeting can be conducted at a special settlement council meeting unless all the councillors are present, in which case, by unanimous consent, any other business can be conducted. 1990 cM-14.3 s35 Open meetings 36(1) Settlement council meetings are open to the public.

(2) If a councillor or any other person engages in improper conduct at a settlement council meeting, the settlement chair, or the person presiding at the meeting, may cause the person to be expelled and excluded from the meeting. 1990 cM-14.3 s36 Committee meetings 37(1) A settlement council can vote to go into committee of the whole or part of council and while in committee may exclude persons who are not members of the committee from the meeting.

(2) A settlement council cannot pass a bylaw or resolution while it is in committee, except a resolution to revert to a public settlement council meeting. 1990 cM-14.3 s37 Procedure at meetings 38(1) The quorum for a settlement council meeting is (a) 2 councillors, if the settlement council consists of 3 councillors, or (b) 3 councillors, if the settlement council consists of 4 or 5 councillors.

(2) Each councillor present at a settlement council meeting has one vote on matters put to a vote at the meeting, unless the councillor is disqualified from taking

part in the vote.

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

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

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Section 39

Chapter M-14 METIS SETTLEMENTS ACT 30

(5) A councillor cannot be represented, or vote, by proxy. RSA 2000 cM-14 s38;2021 c12 s7 Conflict disclosures 39(1) A councillor must disclose to the settlement council any financial interest that the councillor has in a matter before the council.

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

a) is to be decided by a resolution, the councillor 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 bylaw, the councillor may take

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

(3) If a disagreement arises about whether a councillor has a financial interest in a matter before the settlement council, the council must decide by vote whether the councillor has a financial interest, and the councillor in question cannot take

part in that vote, but is bound by it. 1990 cM-14.3 s39 Effect of financial interest on agreements 39.1 No agreement with a settlement under which a councillor of the settlement has a financial interest is binding on the settlement unless (

a) the agreement is for work in an emergency, (

b) the agreement is (

i) for the sale of goods, or (ii) for the provision of services to the settlement or to persons contracting with the settlement at competitive prices by a dealer in those goods or services whose entering into the agreement is incidental to or in the ordinary course of the dealer’s business, (

c) the proposed agreement is approved by the settlement council before the agreement is signed by the settlement, or (

d) the agreement was entered into before the term of the councillor started. 1998 c22 s22(10)

RSA 2000

Section 40

Chapter M-14 METIS SETTLEMENTS ACT 31 Absence of quorum 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 the meeting during the deliberations.

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

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

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

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

(3) Every time that the operation of this

section results in too few settlement councillors being able to form a quorum, the issue and decision must be reported to the next general meeting of the settlement.

(4) If the operation of this

section results in no councillors being able to make a decision, the matter can be referred by the settlement council to a special general meeting of settlement members to decide the matter. 1990 cM-14.3 s40 Valid proceedings 41 Proceedings of a settlement council are not invalid because of a vacancy on the council if the remaining councillors would form a quorum of the settlement council as if the settlement council had no vacancies. RSA 2000 cM-14 s41;2021 c12 s8 Meeting procedures 42(1) In this section, “committee” includes a committee appointed under

section 49.

(2) A settlement council may (

a) establish or adopt rules of conduct for councillors and others present at settlement council, committee or public meetings;

RSA 2000

Section 43

Chapter M-14 METIS SETTLEMENTS ACT 32 (

b) establish or adopt rules governing the calling of settlement council, committee and public meetings, and the public notice to be given of them; (

c) establish a quorum for committee meetings and the procedure to be followed when a vote is taken on matters at committee meetings. 1990 cM-14.3 s42;1998 c22 s22(11) Division 2 Decisions Generally Kinds of decision 43(1) The powers and duties given to a settlement under this Act or any other enactment may be carried out only by the settlement council, 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 required by this Act or any other enactment, by bylaw.

(3) Instead of passing a resolution on a matter, a settlement council may pass a bylaw on the matter.

(4) A settlement council cannot pass a resolution on a matter when a bylaw is required.

(5) Despite subsection (2), a settlement council may vote on a General Council resolution in the manner provided for in the rules of the General Council, and Divisions 1 and 2 of this Part do not apply to a settlement council’s voting on a General Council resolution. 1990 cM-14.3 s43;1998 c22 s22(12) Publication of documents 44(1) The following documents must be posted in the settlement office for at least 15 consecutive days unless the settlement council makes an exception under subsection (2): (

a) agreements entered into by the settlement; (

b) proposed bylaws after they have been given first reading; (

c) reports of committees or employees of the settlement, including reports of committees appointed under

section 49, after they have been submitted to the settlement council, but not opinions or reports of the settlement solicitor; (

d) audited financial statements of the settlement;

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Section 44

Chapter M-14 METIS SETTLEMENTS ACT 33 (d.1) draft business plans proposed to be established under

section 156.1; (

e) minutes of meetings of the settlement council after they have been adopted by the council; (

f) settlement bylaws after they have been enacted; (

g) business plans after they have been established under

section 156.1; (

h) the Report of Councillor Remuneration and Expenses, after it has been prepared pursuant to

section 159.2.

(2) Subject to subsection (2.1), a settlement council may decide that subsection (1) does not apply to a specified portion of a document (

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

b) the release of which woul d breach information held in confidence. (2.1) Subsection (2) does not apply to bylaws or proposed bylaws made pursuant to

section 11.1 or to the Report of Councillor Remuneration and Expenses prepared pursuant to

section 159.2.

(3) A settlement administrator 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.

(4) If a settlement member makes a written request to the settlement administrator for a copy of a specified agreement for the purposes of determining if the contents of a candidate’s disclosure statement comply with

section 16(2), the settlement administrator must (

a) if the settlement council has not restricted publication of the agreement under subsection (2), provide a copy of the agreement to the member, and (

b) if the settlement council has restricted publication of the agreement under subsection (2), provide to the member a copy of the parts of the agreement that were not restricted and a copy of the parts of the agreement that were restricted that will enable the member to determine if a candidate’s disclosure statement complies with

section 16(2),

RSA 2000

Section 45

Chapter M-14 METIS SETTLEMENTS ACT 34 and the copies must be provided within a reasonable time of receiving the written request at not more than the cost of making the copies. RSA 2000 cM-14 s44;2013 c8 s11;2021 c12 s9 Recording agreements 45(1) Every agreement made by or on behalf of a settlement and every resolution must be in writing signed by (

a) the settlement chair or a councillor designated by the council as an alternate signing officer, and (

b) the settlement administrator.

(2) An agreement made by or on behalf of a settlement may also be signed by the persons authorized under the settlement’s bylaws. 1990 cM-14.3 s45;1998 c22 s22(14) Minutes 46(1) The settlement administrator is responsible for recording in the settlement council minute book all resolutions, decisions and other proceedings of the settlement council.

(2) Minutes of settlement council meetings and settlement bylaws must be kept at the settlement office by the settlement administrator and a copy of them must, on request, be sent to the General Council and the Minister. 1990 cM-14.3 s46 Resolutions 47(1) A resolution of a settlement council is valid only if at least the number of councillors that constitute a quorum 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 settlement members, the settlement members eligible to vote are those (

a) who have resided in the settlement area for the 12 months preceding the date of the vote, or any lesser period prescribed in a settlement bylaw, and (

b) who have their residence in the settlement area on the date of the vote. RSA 2000 cM-14 s47;2021 c12 s10

RSA 2000

Section 47.1

Chapter M-14 METIS SETTLEMENTS ACT 35 Division 2.1 Councillors Councillors 47.1(1) Councillors have the following duties and functions: (

a) to consider the welfare and interests of the settlement as a whole; (

b) to participate generally in developing and evaluating settlement bylaws and resolutions; (

c) to participate in settlement council meetings and settlement council committee meetings and meetings of other bodies to which they are appointed by the settlement council; (

d) to keep in confidence matters discussed in private at a settlement council meeting or settlement council committee meeting until the matters are discussed at a meeting held in public; (

e) to participate in recruiting and appointing the settlement administrator; (

f) to obtain information about the operation or administration of the settlement from the settlement administrator or a person designated by the settlement administrator; (

g) to respect the roles, powers, duties and functions of the settlement administrator and other staff; (

h) to participate in other decision-making or other activities assigned to a settlement council by this Act or any other enactment or a General Council Policy; (

i) to exercise any other power and perform any other duty or function assigned to a councillor by this Act or any other enactment or a General Council Policy.

(2) In exercising the powers and carrying out the duties and functions of a councillor, a councillor shall comply with this Act, other applicable enactments, the settlement bylaws and resolutions, General Council Policies and any directions made under this Act.

(3) The Minister may, after consulting with the General Council, make regulations (

a) prescribing other powers, duties and functions of councillors;

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Section 47.2

Chapter M-14 METIS SETTLEMENTS ACT 36 (

b) prohibiting councillors from engaging in specified activities or taking specified actions. 2013 c8 s12 Division 2.2 Prohibitions Prohibitions 47.2(1) No settlement council or councillor shall authorize a payment to a councillor for serving as a councillor, including, without limitation, a payment of remuneration or honoraria or benefits or expenses, in an amount that exceeds the amount prescribed by bylaw.

(2) A councillor shall not accept a payment for serving as a councillor, including, without limitation, a payment of remuneration or honoraria or benefits or expenses, in an amount that exceeds the amount prescribed by or determined in accordance with a settlement bylaw.

(3) No settlement council or councillor shall exercise a power or perform a duty or function that is specifically assigned to a settlement administrator by this Act or any other enactment, a settlement bylaw or a General Council Policy. 2013 c8 s12;2021 c12 s11 Division 3 Staff and Committees Settlement administrator 48(1) A settlement council (

a) must appoint a settlement administrator and fix the settlement administrator’s remuneration and terms of employment, and (

b) may prescribe other duties and functions of the settlement administrator in addition to the duties and functions set out in this or any other enactment.

(2) The settlement administrator is the administrative head of the settlement and has the following duties and functions: (

a) to ensure that the bylaws and resolutions of the settlement are implemented; (

b) to administer the affairs, bylaws and resolutions of the settlement in a fair, efficient and effective manner and in compliance with this Act, other applicable enactments, the settlement bylaws and resolutions, General Council Policies and any directions made under this Act;

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Section 49

Chapter M-14 METIS SETTLEMENTS ACT 37 (

c) to advise and inform the settlement council on the operation and affairs of the settlement; (

d) to establish and maintain, in accordance with any applicable General Council Policy, the systems of financial management for the settlement and the records of the settlement; (

e) to hire employees of the settlement and fix their remuneration and terms of employment; (

f) to establish human resource policies for the settlement; (

g) to exercise any other power and perform any other duty or function assigned to a settlement administrator by this Act or any other enactment or prescribed by the settlement council or a General Council Policy.

(3) The Minister may, after consulting with the General Council, make regulations (

a) prescribing other powers, duties and functions of settlement administrators; (

b) prohibiting settlement administrators from engaging in specified activities or taking specified actions. RSA 2000 cM-14 s48;2013 c8 s13 Delegation 49(1) A settlement council may appoint committees which may, but need not, include councillors.

(2) A settlement council may delegate to a committee any of the council’s powers or duties, with or without conditions, except the power to make bylaws.

(3) The exercise of a power or performance of a duty by a committee to which it has been delegated has the same effect as the exercise of that power or performance of that duty by the settlement council. 1990 cM-14.3 s49 Division 4 Making Bylaws Geographic jurisdiction 50(1) Except where the context otherwise requires, the bylaw making authority of a settlement council is confined to the geographic area of the settlement.

(2) The geographic area of a settlement is

RSA 2000

Section 51

Chapter M-14 METIS SETTLEMENTS ACT 38 (

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

b) additional land that is described by the Lieutenant Governor in Council after consultation between the Minister and the General Council. 1990 cM-14.3 s50 Bylaw authority 51 A settlement council may make bylaws respecting (

a) the matters set out in

Schedule 1; (a.1) fees, dues, charges or levi es payable for the purposes of providing recreation and community services and facilities to residents, and may provide for the charging of admissions or the raising of funds as the council may decide; (a.2) fees, dues, charges or levies payable for anything provided or done by or on behalf of the settlement or for any service or assistance; (a.3) the method by which fees, due s, charges or levies, or the cost of services or assistance, are to be calculated or assessed and collected, the persons by whom and when they are to be paid, penalties or interest for non-payment or late payment of money payable and discounts or other benefits for early payment; (

b) the matters described or referr ed to elsewhere in this Act and in other enactments. RSA 2000 M-14 s51;2021 c12 s12 Essential services bylaw 51.1(1) A settlement council must adopt an essential services bylaw (

a) providing for fees that will be charged to and payable by residents occupying property connected to the water distribution and sewerage system of the settlement, or connected to settlement roads, for the essential services provided by the settlement, and (

b) providing for the method by which the fees payable for the essential services provided by the settlement are to be calculated or assessed and collected, the persons by whom and when they are to be paid, any penalties or interest for non-payment or late payment of money payable and any discounts or other benefits for early payment.

(2) The essential services bylaw must separately set out the method by which the fees payable for each of the following essential services

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Section 52

Chapter M-14 METIS SETTLEMENTS ACT 39 are to be calculated or assessed and collected, the persons by whom and when each fee is to be paid, the penalties or interest for non- payment or late payment that apply to each fee, if any, and the discounts or other benefits that apply to each fee, if any: (

a) the collection, treatment and distribution of potable water; (

b) the collection, treatment and disposal of sewage, wastewater and solid waste; (

c) road maintenance, including maintenance of bridges and culverts.

(3) A fee that is charged under subsection (1) must be charged for the purpose of covering the cost of providing the essential service that the fee relates to, and the fee must not exceed the reasonably anticipated cost of providing that essential service to the residents of the settlement.

(4) Each settlement must pass the essential services bylaw referred to in subsection (1) within one year of the coming into force of this section. 2021 c12 s13 Enactment of bylaws 52(1) No bylaw has any effect unless it is given 3 distinct and separate readings at a meeting of a settlement council, and no more than 2 readings may be given at the same meeting.

(2) If a proposed bylaw is in writing and available to councillors and the public, only the title or identifying number need be read at each reading of the bylaw.

(3) A bylaw must not be given second reading unless it is in writing and available to councillors.

(4) Following each reading and debate, if any, of a proposed bylaw, a vote of the councillors must be taken and the proposed bylaw can be given the next reading only if at least the number of councillors that constitute a quorum vote in favour of the bylaw. RSA 2000 cM-14 s52;2021 c12 s14 Bylaws must be passed within 2 years of first reading 53(1) If a bylaw does not receive third reading within 2 years of first reading, the previous readings are cancelled.

(2) If the bylaw is defeated on second or third reading, the previous readings are cancelled. 1990 cM-14.3 s53

RSA 2000

Section 54

Chapter M-14 METIS SETTLEMENTS ACT 40 Public notice of bylaws 54(1) Every proposed bylaw must be presented at a public meeting in the settlement area after second reading but before third reading.

(2) At least 14 days’ public notice of the date, time and place of the public meeting must be given. 1990 cM-14.3 s54 Approval of bylaws 55(1) A quorum for public meetings called to vote on settlement bylaws is 15 settlement members who are eligible to vote on the bylaw, or any other number specified by settlement bylaw.

(2) A settlement member is eligible to vote on a bylaw presented at a public meeting if (

a) the member has resided in the settlement area for the 12 months immediately preceding the date of the vote, or any lesser period prescribed in a settlement bylaw, and (

b) the member’s residence is in the settlement area on the date of the vote.

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

(4) A bylaw voted on at a public meeting is approved if a majority of the settlement members who are eligible to vote and who vote at the meeting vote in favour of the bylaw.

(5) If the vote at the public meeting is not in favour of the proposed bylaw, the bylaw is defeated, and all previous readings are cancelled. 1990 cM-14.3 s55;1998 c22 s22(16) Budget bylaws 55.1 Sections 54 and 55 do not apply to a budget bylaw made under

section 157, a bylaw concerning councillor remuneration made under

section 11.1 or an essential services bylaw made under

section 51.1. 2013 c8 s14;2021 c12 s15 Emergencies 56 In an emergency that affects the health or safety of the community, the settlement council may, by unanimous resolution, declare that sections 54 and 55 do not apply to a bylaw designed to deal with the emergency, in which case no public meeting or vote is required. 1990 cM-14.3 s56

RSA 2000

Section 57

Chapter M-14 METIS SETTLEMENTS ACT 41 Petition for a bylaw 57(1) Settlement members may petition the settlement council for a bylaw about any matter, other than a matter referred to in

section 51.1 or 157, within the bylaw making authority of the settlement council.

(2) A petition has no effect unless (

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

b) the petition substantially complies with

section 58. RSA 2000 cM-14 s57;2013 c8 s15;2021 c12 s16 Contents of petition 58(1) A petition to a settlement council may consist of one or more pages, but each page must contain an accurate and identical statement of the purpose of the petition, and (

a) each signature must be witnessed by an adult, who must make an affidavit that the persons whose signatures 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 that member’s signature.

(2) An adult who witnesses a signature to a petition must do so by signing opposite the signature of the settlement member.

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

a) the name of a person whose signature appears on a page of the petition that does not contain an accurate statement of the purpose of the petition identical to the statement contained on all the other pages of the petition, (

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

c) the name of a person who is not a settlement member. 1990 cM-14.3 s58 Sufficiency of a petition 59(1) Every petition must be filed with the settlement administrator, who must compute the number of settlement members who have signed the petition and determine the sufficiency of it.

RSA 2000

Section 60

Chapter M-14 METIS SETTLEMENTS ACT 42

(2) A petition is considered to have been received by a settlement council on the day the settlement administrator declares it to be a sufficient petition.

(3) The settlement administrator must determine the sufficiency of a petition within 30 days of the filing of the petition with the administrator.

(4) No name can be added to or removed from a petition after it has been received by the settlement administrator. 1990 cM-14.3 s59 Bylaw prepared based on petition 60(1) Within 30 days after a settlement administrator declares that a petition is sufficient, the settlement council must cause a bylaw dealing with the subject-matter of the request to be prepared, including any other related matter the settlement council considers necessary, and to be read a first and 2nd time.

(2) Sections 54 and 55 apply to bylaws under this section, except that the date fixed for the public meeting must be no later than 30 days after the date on which the bylaw receives first reading.

(3) If the bylaw is approved at the public meeting, the settlement council must pass the bylaw within 30 days of the vote without any alteration affecting the substance of the bylaw, unless another means of dealing with the bylaw is established with the agreement of the petition’s proponents.

(4) If the bylaw is defeated at the public meeting, the settlement council may refuse to receive a petition of a similar nature made within one year of the date of the public meeting. 1990 cM-14.3 s60 Effective date 61 A bylaw comes into effect (

a) on the day after it is given third reading, (

b) on any later date or dates specified in the bylaw, or (

c) if any approval of the bylaw is required, on the date the approval is given or on any future date specified in the approval or the bylaw. 1990 cM-14.3 s61 Sealing bylaws 62 After a bylaw receives third reading the settlement administrator must sign it and affix the corporate seal. 1990 cM-14.3 s62

RSA 2000

Section 63

Chapter M-14 METIS SETTLEMENTS ACT 43 Bylaw penalties 63(1) A settlement council may state the maximum penalty that can be imposed by a court if a bylaw made under this Act or any other enactment is contravened.

(2) The maximum penalty may be included in a general penalty bylaw or in the bylaw in respect of which the penalty is to apply.

(3) The penalties that can be included in bylaws are: (

a) a fine not exceeding $5000; (

b) a minimum and maximum fine applicable to first, 2nd or subsequent offences, but the maximum fine for each offence must not exceed $5000; (

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

(4) In addition to any other fine or penalty that a court may impose under this Act or any other enactment or any bylaw made under this Act or any other enactment, the court may (

a) when a conviction is for non-payment of money payable to a settlement, also order payment of that sum of money, and (

b) when a conviction is for the failure or refusal of a person to comply with a bylaw, order that the person comply with the bylaw.

(5) A penalty or fine paid under a settlement bylaw under this Act or any other enactment belongs to and forms part of the general revenue of the settlement. RSA 2000 cM-14 s63;2021 c12 s17 Money payable is a debt 64 Money payable to a settlement under a bylaw constitutes a debt due to the settlement by the person liable to pay the money and may be recovered by the settlement by an action for debt. 1990 cM-14.3 s64 Division 5 Enforcement Inspections 65 A person who is authorized by the settlement council may, at any reasonable time, enter any land, building or structure in the settlement area, other than a dwelling house, to inspect

RSA 2000

Section 66

Chapter M-14 METIS SETTLEMENTS ACT 44 (

a) for a nuisance if the person has reasonable grounds to believe a nuisance exists in or on the land, building or structure, or (

b) for compliance with this Act or the regulations or a settlement bylaw or General Council Policy made under this Act. 1990 cM-14.3 s65 Inspections of dwelling house 66(1) A person who is authorized by a settlement council may, at any reasonable time, enter a dwelling house in the settlement area for the purpose of an inspection referred to in

section 65(

a) or (

b) if (

a) an adult living in the dwelling house consents to the entry, or (

b) the person authorized by the settlement council obtains a warrant under subsection (2) authorizing the entry.

(2) A judge of the Court of Justice who is satisfied by information on oath of a person authorized by the settlement council that (

a) there are reasonable grounds to believe that a nuisance exists in a dwelling house, or (

b) it is necessary to enter a dwelling house to inspect for compliance with this Act or the regulations or a settlement bylaw or General Council Policy under this Act, may, ex parte or on such notice as the judge directs, issue a warrant in a form satisfactory to the judge authorizing the person named in the warrant to enter the dwelling house subject to any conditions that the judge considers appropriate. RSA 2000 cM-14 s66;AR 75/2023 Documents and samples 67(1) A person who has entered land, a building or a structure in a settlement area under the authority of

section 65 or 66 may (

a) require the production of any books, records or documents that are relevant to the purposes of the 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 thing 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 the items were taken a receipt for the items, and

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Chapter M-14 METIS SETTLEMENTS ACT 45 (

b) after making copies forthwith return the items to the person from whom they were taken. 1990 cM-14.3 s66

Definitions 67.1 In sections 68 and 69, (a) “Metis land interest” means an interest in patented land other than the fee simple held by the General Council; (b) “occupier”, in respect of land, means a person who has a Metis land interest that is recorded in the Metis Settlements Land Registry for the land and a person in actual occupation of the land. 1998 c22 s22(17) Enforcement notices 68(1) A settlement council or person acting on its behalf may issue a notice (

a) requiring an occupier of land to remedy, in a manner that the council may direct, any condition on the land, including any building or structure on the land, that constitutes a nuisance or that contravenes a regulation or a settlement bylaw or General Council Policy under this Act or any other enactment; (

b) directing an occupier of land to remove any litter or anything causing or contributing to untidy or unsightly land or buildings; (

c) requiring an occupier of land to construct a fence, wall, screen or similar structure to prevent untidy or unsightly land or buildings from being viewed from any right of way or public place; (

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

e) warning the occupier to whom it is directed and one or more occupiers who have recorded interests in the land on which the matter complained about is located that the cost of the work done to remedy the condition may be charged to those occupiers and, in default of payment, (

i) the costs and expenses may be recovered as a debt due to the settlement, and

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Section 69

Chapter M-14 METIS SETTLEMENTS ACT 46 (ii) a notification of the costs and expenses may be recorded in the Metis Settlements Land Registry against those occupiers’ interests in the land; (

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

(2) An occupier 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 within 21 days after the date the notice is received.

(3) On receipt of a notice of appeal under subsection (2), the Appeal Tribunal may, in addition to exercising the powers in

section 190, quash or confirm the notice issued under subsection (1) in respect of all or some of the occupiers who received the notice. 1990 cM-14.3 s68;1998 c22 s22(18) Problem remedied 69(1) In this section, “responsible occupier” means an occupier who has received a notice under

section 68(1) that has not been quashed on appeal in respect of that occupier.

(2) If an occupier fails or refuses to comply with a notice under

section 68 and no appeal is made to the Appeal Tribunal, or the Appeal Tribunal dismisses the appeal or confirms the notice in respect of some or all of the occupiers who received the notice, persons authorized by the settlement council may enter on the land, building or structure and take any action necessary to carry out the work required.

(3) The costs and expenses incurred under subsection (2) by the settlement council are an interest in land.

(4) If a responsible occupier holds a Metis land interest that is recorded in the Metis Settlements Land Registry in respect of the land entered on under subsection (2), a notification of the costs and expenses incurred under subsection (2) may be recorded against that interest, and on the recording (

a) the costs and expenses are payable by the responsible occupier to the settlement, and (

b) no dealings in respect of the responsible occupier’s Metis land interest by the occupier may be recorded without the consent of the settlement council until the recording of the notification is cancelled.

(5) If a responsible occupier does not hold a Metis land interest that is recorded in the Metis Settlements Land Registry in the land

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Section 70

Chapter M-14 METIS SETTLEMENTS ACT 47 entered on under subsection (2), the costs and expenses incurred under subsection (2) are, when the responsible occupier receives a notification of the costs and expenses, payable by the occupier to the settlement.

(6) The costs and expenses that are payable under this

section are a debt due to the settlement and may be recovered by the settlement by an action for debt.

(7) A settlement may, in addition to the rights under this section, exercise any rights granted under a General Council Policy to collect the costs and expenses incurred under subsection (2) that are payable by a responsible occupier. 1990 cM-14.3 s69;1998 c22 s22(19) Bylaw enforcement 70(1) If the Minister first approves, a settlement council may provide for the appointment of one or more bylaw enforcement officers and describe their powers and duties.

(2) Bylaw enforcement officers are, in the execution of their duties, persons employed for the preservation and maintenance of the public peace.

(3) The settlement council must, by bylaw, establish disciplinary procedures, including procedures, penalties and an appeal process, that apply to bylaw enforcement officers.

(4) All bylaw enforcement officers must take the official oath prescribed by the Oaths of Office Act before starting their duties. 1990 cM-14.3 s70 Joint agreements 71 A settlement may enter into an agreement with any other settlement, the Minister on behalf of an improvement district, a municipality or other local authority, to provide for joint law enforcement and such other matters as are agreed on. 1990 cM-14.3 s71 Division 6 Provincial Law and Regulations Consistency with provincial law 72(1) A bylaw or resolution that is inconsistent with this Act or any other enactment is of no effect to the extent of the inconsistency, unless it is a bylaw or resolution to implement a General Council Policy on hunting, trapping, fishing or gathering.

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Chapter M-14 METIS SETTLEMENTS ACT 48

(2) A bylaw or resolution that is inconsistent with a General Council Policy is of no effect to the extent of the inconsistency. 1990 cM-14.3 s72 Regulations 73 The Minister may, in accordance with

section 240, make regulations (

a) respecting an administrative and employment policy to be followed by the settlement council and its employees; (

b) respecting payments to be made to councillors, settlement employees and representatives of a settlement. 1990 cM-14.3 s73

Part 3 Settlement Membership Division 1 Settlement Membership Applications Application criteria 74(1) A person may apply to a settlement council for membership in a settlement only if (

a) the 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 settlement association under the former Act, or (ii) has lived in Alberta for the 5 years immediately preceding the date of application.

(2) The settlement council may waive the residency requirement referred to in subsection (1)(b)(ii) if a parent of the applicant was or is a settlement member or a member of a settlement association under the former Act. 1990 cM-14.3 s74 Indians and Inuit 75(1) An Indian registered under the Indian Act (Canada) or a person who is registered as an Inuk for the purposes of a land claims settlement is not eligible to apply for membership or to be recorded as a settlement member unless subsection (2) or (3.1) applies.

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

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Section 76

Chapter M-14 METIS SETTLEMENTS ACT 49 (

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

b) the person lived a substantial part of his or her childhood in the settlement area, (

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

d) the person has been approved for membership by a settlement bylaw specifically authorizing the admission of that individual as a member of the settlement.

(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 registration, subsection (2) ceases to be available as a way to apply for or to become a settlement member.

(3.1) In addition to the circumstances under subsection (2), an Indian registered under the Indian Act (Canada) or a person who is registered as an Inuk for the purposes of a land claims settlement may be approved as a settlement member if he or she meets the conditions for membership set out in a General Council Policy.

(4) A right to reside on patented land acquired under this or another enactment, a General Council Policy or a bylaw is not affected by a decision to refuse an application for membership when the decision is based on this section. RSA 2000 cM-14 s75; 2004 c25 s20 Proving Metis identity 76 Every application for membership in a settlement must be sent to the settlement office and must be accompanied by (

a) a statutory declaration that (

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

b) one or more of the following: (

i) genealogical records as ev idence that the applicant has aboriginal ancestry; (ii) a statutory declaration of at least 2 Metis who are recognized as Metis elders that the applicant has aboriginal ancestry, describing the facts on which the declaration is made;

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Section 77

Chapter M-14 METIS SETTLEMENTS ACT 50 (iii) such other evidence satisf actory to the settlement council that the applicant has aboriginal ancestry; (

c) an address to which notices and decisions can be sent to the applicant. 1990 cM-14.3 s76 Considering membership applications 77(1) A settlement council must consider every application for membership made to it within 90 days of the application being received at the settlement office.

(2) The settlement administrator must give the membership applicant reasonable notice of the date, time and place that the settlement council proposes to consider the application. 1990 cM-14.3 s77 Membership decisions 78(1) An application for membership in a settlement can be approved only if the settlement council is satisfied that the applicant (

a) is a person of Canadian aboriginal ancestry who identifies with Metis history and culture, (

b) has or will have suitable living accommodation in the settlement area, and (

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

(2) No application for membership in a settlement can be approved if the applicant (

a) is a member of another settlement, (

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

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

c) is ineligible under

section 75, or (

d) does not agree to preserve a peaceful community and to comply with this Act, the bylaws and General Council Policies. 1990 cM-14.3 s78

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Section 79

Chapter M-14 METIS SETTLEMENTS ACT 51 Decision on applications 79(1) Before a settlement council makes a decision on a membership application it must (

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

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

(2) Within 45 days after considering an application, or any longer period agreed to by the applicant and the settlement council, the settlement council must send to the applicant a notice of its decision stating that the application (

a) is approved, (

b) is deferred pending further information or compliance with 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 there is a lack of suitable living accommodation in the settlement area, the settlement council may establish a waiting list of persons who have priority for membership when living accommodation is available.

(5) A settlement council must send a copy of every membership application decision to the Minister unless the Minister directs otherwise. 1990 cM-14.3 s79 Membership approval 80(0.1) In this section, “becomes final” in respect of the approval of an application for membership in a settlement means that (

a) the application was approved by the settlement council and the approval was not appealed, (

b) the application was approved by the settlement council and, on appeal, the Appeal Tribunal confirmed the approval, or

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Section 81

Chapter M-14 METIS SETTLEMENTS ACT 52 (

c) the application was refused or deferred by the settlement council and, on appeal, the Appeal Tribunal approved the application.

(1) When an approval of an application for membership in a settlement becomes final and the applicant starts to live in the settlement area, the settlement council must (

a) notify the Minister that the application is approved, and (

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

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

a) the approval of the application for membership becomes final, (

b) the applicant starts to live in the settlement area, and (

c) the applicant is recorded on the Settlement Members List as a settlement member.

(3) If a dispute arises as to whether an applicant for membership has started to live in a settlement area, the dispute may be referred to the Appeal Tribunal for a decision. 1990 cM-14.3 s80;1998 c22 s22(20) Membership records 81(1) A settlement administrator (

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

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

(2) A settlement member, or a person authorized by the member, is entitled to examine the records under subsection (1) with respect to information about the member at any reasonable time. 1990 cM-14.3 s81

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Section 82

Chapter M-14 METIS SETTLEMENTS ACT 53 Membership in one settlement only 82 A person is not entitled to be a settlement member of more than one settlement, but if that happens the member must decide in which settlement the member wishes to retain membership as soon as possible after a request is made by a settlement council or by the Minister to do so. 1990 cM-14.3 s82 Appeals 83(1) 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 settlement council within the required time, the applicant may appeal in writing to the Appeal Tribunal (

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

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

(2) If a settlement council approves an application for membership in a settlement, any member of the settlement may appeal in writing to the Appeal Tribunal within 45 days after the application was approved.

(3) No settlement member may make an appeal under subsection (2) without the permission of the Appeal Tribunal. 1990 cM-14.3 s83;1998 c22 s22(21) Appeal Tribunal hearing 84(1) On receipt of an appeal under

section 83, 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 the hearing.

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

Part 7. 1990 cM-14.3 s84 Division 2 Leaves of Absence and Termination of Membership Leave of absence 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 Council, or to public office, requiring residence elsewhere,

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Section 86

Chapter M-14 METIS SETTLEMENTS ACT 54 (

b) for educational reasons requiring residence elsewhere, (

c) as a result of imprisonment, (

d) for medical reasons, or (

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

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

(3) A settlement member on an authorized leave of absence is deemed to be a resident of the settlement area for all purposes, except as otherwise provided by settlement bylaw. 1990 cM-14.3 s85 Termination within member’s probationary period 86(1) A settlement council may terminate the membership of a settlement member within the member’s probationary period if the member (

a) does not obtain or stops maintaining suitable living accommodation in the settlement area, or (

b) ceases to be committed to living 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 settlement member is subject to a probationary period and membership is not terminated within that period, any future action to terminate the membership of the person must be taken under

section 87.

(4) A settlement council may not pass a resolution or bylaw to terminate the membership of a settlement member within the member’s probationary period without giving the person (

a) reasonable notice of the reso lution or bylaw to be considered, and

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Chapter M-14 METIS SETTLEMENTS ACT 55 (

b) if the person requests it, an opportunity to be heard before the voting on the resolution or bylaw. 1990 cM-14.3 s86 Termination of settlement membership 87(1) A settlement council may terminate the membership of a settlement member only by a settlement bylaw passed in accordance with this section.

(2) Unless

section 90 applies, a settlement 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.

(3) No settlement bylaw terminating a settlement membership can be given first reading unless the settlement council has made every reasonable effort to give the settlement member at least 30 days’ written notice of the proposed bylaw and the date, time and place on which first reading is proposed.

(4) On the day proposed for first reading the settlement council must, if the settlement member requests, give the member a reasonable opportunity of explaining why the bylaw should not be given first reading. 1990 cM-14.3 s87 Notice of decision and appeal 88(1) Copies of all settlement bylaws and resolutions terminating the membership of settlement members must be sent to the member concerned and to the Minister.

(2) The settlement member may appeal the decision to terminate the membership to the Appeal Tribunal by sending a written notice of appeal to the Tribunal within 30 days of receipt of the bylaw or resolution. 1990 cM-14.3 s88 Tribunal decision 89(1) As soon as reasonably possible after receiving an appeal against a settlement membership termination 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.

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Chapter M-14 METIS SETTLEMENTS ACT 56

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

Part 7. 1990 cM-14.3 s89 Resignation from membership 89.1(1) A settlement member may terminate membership in a settlement by submitting a letter of resignation to the settlement.

(2) The termination of membership under subsection (1) becomes effective 10 days after the letter of resignation is received by the settlement unless the settlement receives a written letter from the settlement member revoking the letter of resignation before the 10-day period expires.

(3) When settlement membership is terminated under this section, the settlement must send a copy of the letter of resignation to the Minister. 1998 c22 s22(22) Automatic termination 90(1) Unless a General Council Policy provides otherwise, a settlement member terminates membership in a settlement if (

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

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

(2) On receipt from the settlement council 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 concerned from the Settlement Members List. RSA 2000 cM-14 s90;2004 c25 s21 Effect of termination 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 to reside on or occupy patented land, but (

b) does not lose any right to reside on patented land acquired by or under this or any other enactment, a General Council Policy or a settlement bylaw.

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

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Chapter M-14 METIS SETTLEMENTS ACT 57

(3) A settlement council and a person whose membership has been terminated may agree on the compensation to be paid to the former settlement member for improvements made on land held by the member and if they cannot agree either of them may refer the matter to the Appeal Tribunal. RSA 2000 cM-14 s91;2002 cA-4.5 s57 Right of residence 92 A person who is not a settlement member is not permitted to reside on patented land unless the person (

a) is part of the immediate family of a settlement member, (

b) is a teacher or health care worker, (

c) is an employee of the settlement, or (

d) is permitted to reside on patented land by this or any other enactment, a General Council Policy or a settlement bylaw. 1990 cM-14.3 s92;1998 c22 s22(23) Continuing entitlement to reside 93(1) A person who is permitted to reside in a settlement area under

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

(1.1) A settlement council may order a person who is not permitted to reside in the settlement area expelled from the settlement area if the person refuses to leave the settlement area on the request of the settlement council.

(2) No order can be made under subsection (1) or (1.1) unless the person concerned has been given an opportunity to tell the settlement council why he or she should be able to remain in the settlement area. 1990 cM-14.3 s93;1998 c22 s22(24) Appeal 94 If an order is made under

section 93, the person concerned may appeal to the Appeal Tribunal by giving it written notice of appeal within 30 days of receiving the order. 1990 cM-14.3 s94 Enforcement of settlement council order 94.1(1) If (

a) a person who is ordered expelled under

section 93 does not appeal the order within the time specified under

section 94 or,

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Section 95

Chapter M-14 METIS SETTLEMENTS ACT 58 on appeal under

section 94, the Appeal Tribunal confirms the settlement council’s expulsion order, and (

b) the person ordered expelled continues to reside in the settlement area, the settlement council may apply to the Court of King’s Bench for an order directing the person to leave the settlement area.

(2) The Court of King’s Bench on hearing the application may make any order it considers appropriate. RSA 2000 cM-14 s94.1;2009 c53 s115;AR 217/2022 Land allocation cancelled 95(1) All of a person’s interests in land in a settlement area are terminated (

a) when the person’s settlement membership is terminated, or (

b) if an appeal is made, when the Appeal Tribunal or a court confirms or declares that the person’s settlement membership is terminated.

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

section does not affect any right of the spouse or adult interdependent partner or the minor children of the former member to continue to reside on the settlement land in which the member had an interest. RSA 2000 cM-14 s95;2002 cA-4.5 s57 Division 3 Settlement Members List Establishment 96(1) The Minister must establish the Settlement Members List.

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

a) the full name of each settlement member; (

b) the date of birth of each settlement member; (

c) the settlement of which the person is a member; (

d) any other information about each settlement member that the Minister and the General Council agree is necessary.

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

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Chapter M-14 METIS SETTLEMENTS ACT 59

(4) The Settlement Members List may be established and maintained as a book or by using any appropriate technology. 1990 cM-14.3 s96 Entering names on the Settlement Members List 97(1) In this section, “Commissioner” means the Commissioner under the Metis Settlements Accord Implementation Act.

(2) The Settlement Members List for each settlement must consist of (

a) the persons shown as “confi rmed settlement members” on the Commissioner’s final Settlement Membership Report issued in accordance with the regulations, whether or not the persons meet the requirements for settlement membership under this Act, (

b) the persons shown as “uncertain status” on the Commissioner’s final Settlement Membership Report issued in accordance with the regulations who are subsequently confirmed as settlement members by the Appeal Tribunal, and (

c) other persons ap proved as settlement members in accordance with this Act.

(3) A name must be removed from the Settlement Members List when a settlement member loses membership in a settlement in accordance with this Act. 1990 cM-14.3 s97 Confidentiality 98 Except for the purpose of determining whether a person is or is not a settlement member, information on the Settlement Members List must be kept confidential and available only to (

a) the Minister and the Minist er’s authorized representatives; (

b) the authorized representatives of the General Council; (

c) the settlement member or a person authorized by the settlement member, in respect of information about the member; (

d) the settlement council and its authorized representatives, with respect to members of the settlement. 1990 cM-14.3 s98

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Chapter M-14 METIS SETTLEMENTS ACT 60

Part 4 Settlement Land Division 1 Patented Land Creation of rights and interests in 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 bylaw that is passed in accordance with a General Council Policy. 1990 cM-14.3 s99 Limits on using interests in patented land as security 100(1) No right or interest in less than the fee simple estate in patented land held by a settlement or a settlement member may be mortgaged, charged or given as security except in accordance with a General Council Policy.

(2) Security given or taken contrary to subsection (1) is void. 1990 cM-14.3 s100;1998 c22 s22(26) Interests in patented land exempt from seizure 101 An interest of less than the fee simple estate in patented land held by a settlement or a settlement member is exempt from seizure or sale under court order, writ of enforcement or other process whether judicial or extra-judicial except as provided by a General Council Policy. 1990 cM-14.3 s101;1994 cC-10.5 s166;1998 c22 s22(27) Division 2 Metis Settlements Land Registry Metis Settlements Land Registry regulations 102 The Minister may, in accordance with

section 239, make regulations (

a) respecting the establishment, maintenance and control of a Metis Settlements Land Registry and a system for the recording, registration and filing in that Registry of rights, interests and other matters with respect to patented land;

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Chapter M-14 METIS SETTLEMENTS ACT 61 (a.1) defining, for the purposes of this Act, the words “recording” and “registration” in respect of a right or interest in patented land; (

b) respecting the recording, registration and filing in the Metis Settlements Land Registry of the rights or interests in patented land held by settlement members that have been converted under the regulations made under

section 262; (

c) respecting the recording, registration and filing in the Metis Settlements Land Registry of the rights or interests registered under the Land Titles Act; (

d) providing for the recording, registration and filing in the Metis Settlements Land Registry of rights or interests under the former Act or any other enactment on an interim basis until regulations respecting the conversion of rights and interests and regulations making the Registry fully operational are enacted; (

e) adopting all or part of the Land Titles Act, with or without modification; (

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

g) determining the priorities of an y interests filed, registered or recorded and the legal effect of filing, registering, recording or discharging the interests; (

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

i) respecting the fees payable for the administration, management and operation of the Metis Settlements Land Registry. 1990 cM-14.3 s102;1998 c22 s22(29) Registrar 103 In accordance with the Public Service Act, there must be appointed a Registrar of the Metis Settlements Land Registry and any other staff or advisors considered necessary. 1990 cM-14.3 s103 Effect of registration 104(1) Despite anything in the Land Titles Act, any instrument registered or filed with the Registrar 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

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Section 105

Chapter M-14 METIS SETTLEMENTS ACT 62 the instrument has been recorded, registered or filed, as the case may be, in accordance with regulations made under

section 102.

(2) Except as otherwise provided in the regulations, the Land Titles Act does not apply with respect to patented land in the settlement areas. 1990 cM-14.3 s104;1998 c22 s22(30) Division 3 Subdivision Subdivision and development approval 105 Neither a subdivision approval nor a development approval is required when the subdivision or development is effected solely for the purpose of (

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 structure incidental to the operation of a pipeline. 1990 cM-14.3 s105 Subdivision of patented land 106 The Registrar of the Metis Settlements Land Registry must not accept a document for recording that has the effect or may have the effect of subdividing land in a settlement area, unless the subdivision is permitted by

section 105 or is approved under the regulations. 1990 cM-14.3 s106;1998 c22 s22(31) Planning regulations 107 The Minister may, in accordance with

section 240, make regulations (

a) prohibiting or controlling and regulating the 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 within which a subdivision approving authority must make decisions; (

d) prescribing the conditions that a subdivision approving authority is permitted to impose when granting subdivision approval;

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Chapter M-14 METIS SETTLEMENTS ACT 63 (

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 the granting of subdivision approval; (

f) specifying the time within which a subdivision approval must be converted into an instrument satisfactory for registration in the Metis Settlements Land Registry; (

g) respecting the cancellation of plans of subdivision. 1990 cM-14.3 s107 Division 4 Expropriation Expropriation 108(1) A settlement may acquire by expropriation an interest less than the fee simple in patented land for the purposes of the settlement.

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

(3) The settlement must acquire the interest in accordance with

section 6 of the Metis Settlements Land Protection Act. 1990 cM-14.3 s108 Division 5 Highways Highways 109 A settlement has the direction, control and management of highways, roads, streets and lanes within the settlement area that are not subject to the direction, control and management of the Crown in right of Alberta. 1990 cM-14.3 s109;1998 c22 s22(32) Division 6 Regulations For Hazards Regulations for hazards 110(1) The Lieutenant Governor in Council may make regulations (

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

b) prohibiting or regulating and controlling the development or use of land or buildings in the vicinity of anything that creates

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Chapter M-14 METIS SETTLEMENTS ACT 64 or may create a danger to the health and welfare of any person or property; (

c) prescribing for the purposes of clause (

b) those things that create or may create a danger to the health and welfare of any person or property; (

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

e) directing a settlement council to amend a bylaw to include any prohibition or regulation and control of development.

(2) A regulation under subsection (1) (

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

b) operates despite a settlement bylaw or General Council Policy to the contrary. 1990 cM-14.3 s110 Division 7 Access To Patented Land

Definitions 111 In this Division, (a) “authorized project” means a us e of, or an activity in, on or under, patented land related to (

i) a right to work or develop minerals that is acquired under the Co-management Agreement, (ii) a right in respect of a pipeline as defined in Pipeline Act, (iii) a right in respect of a transmission line as defined in the Hydro and Electric Energy Act, or (iv) a right in respect of mains, pipes, wires, conductors, poles or other devices required for conveying, transmitting, supplying or distributing gas, water or electricity or sewage services under the Water, Gas and Electric Companies Act; (b) “Co-management Agreement” means the document set out in

Schedule 3 as amended,

RSA 2000

Section 111

Chapter M-14 METIS SETTLEMENTS ACT 65 (

i) before it is signed, by the Minister of Resource Development, the General Council 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 November 1, 1990; (d) “development agreement” means an agreement respecting the development of minerals (

i) between an operator and at least the General Council and a settlement council, entered into under the Co-management Agreement, or (ii) between an existing minera l lease holder and at least the General Council and a settlement council; (e) “existing mineral lease” means a right to work or develop minerals existing on November 1, 1990; (f) “existing mineral lease holder” means the 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 settlement council, (ii) the person in actual possession of a parcel of patented land, and (iii) a person having a right or interest in patented land that is registered in the Metis Settlements Land Registry; (i) “operator” means the person who is authorized or permitted to engage in an authorized project;

RSA 2000

Section 112

Chapter M-14 METIS SETTLEMENTS ACT 66 (j) “surface lease” means a lease or other instrument under which the surface of a parcel of patented land is held for any purpose for which a right of entry order may be made under this Division, and that provides for compensation. 1990 cM-14.3 s111;1998 c22 s22(33) Application 112 This Division applies only to patented land. 1990 cM-14.3 s112 Purpose 113 The purpose of this Division is (

a) to enable an operator to en ter and use the surface of patented land for an authorized project, (

b) to entitle an existing mineral lease holder who has no right of entry in respect of the existing mineral lease or who has a right of entry in respect of an existing mineral lease but requires additional surface access to apply for the right to enter and use the surface of patented land for the purpose of that lease, and (

c) to enable occupants of parcels of patented land required for an authorized project or existing mineral lease to have their interests considered and to receive fair compensation for any entry, use and related damage to the land. 1990 cM-14.3 s113 Entry onto the surface of patented land restricted 114(1) An existing mineral lease holder who has no right of entry in respect of the existing mineral lease or who has a right of entry in respect of the existing mineral lease but requires additional surface access must not enter or use the surface of patented land for which the holder has no right of entry, unless the existing mineral lease holder obtains (

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

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

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

a) has obtained any consent of the General Council and a settlement council required under

section 7 of the Metis Settlements Land Protection Act, and

RSA 2000

Section 115

Chapter M-14 METIS SETTLEMENTS ACT 67 (

b) has obtained (

i) the consent of the 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 required under clause (a), or (ii) a right of entry to the parcels under an order of the Land Access Panel. 1990 cM-14.3 s114 Application for right of entry 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 entry order in a form prescribed, and with the information required, by the Panel.

(2) When considering an application 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, whether or not the applicant or other parties to the proceedings agree, and (

c) establish any means of ma king a reasonable decision, including requiring the parties to provide it with their final offers about the issues in dispute.

(3) An operator who has obtained the consents required 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 to the Land Access Panel for a right of entry order in a form prescribed, and with the information required, by the Panel. 1990 cM-14.3 s115 Right of entry orders 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 entry order giving a right to enter and use the surface of one or more parcels of patented land for an authorized project.

RSA 2000

Section 117

Chapter M-14 METIS SETTLEMENTS ACT 68

(3) In their decisions, either Panel may (

a) make the order exclusive to the applicant, (

b) state the purpose of the entry or use, describe the geographic area to which it 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 that development will conform with any development plans of the settlement.

(4) All right of entry orders, and amendments to them and cancellations of them, must be recorded in the Metis Settlements Land Registry. 1990 cM-14.3 s116 Notification of right of entry order 117 After a right of entry order is made, the Existing Leases Land Access Panel or the Land Access Panel, as the case requires, must notify every occupant of the parcels affected by the order of the date, time and place at which it will hear representations about who should receive compensation and how much should be paid. 1990 cM-14.3 s117 Determining compensation 118(1) In determining the amount of money payable by an existing mineral lease holder or operator to an occupant as compensation, the Existing Leases Land Access Panel or the Land Access Panel must consider any relevant development agreement and may consider the following: (

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

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

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

i) the effect of the lease or project on the present and planned use of the parcel and surrounding area,

RSA 2000

Section 119

Chapter M-14 METIS SETTLEMENTS ACT 69 (ii) the special damages to improvements, crops, wildlife, livestock, trap lines and natural vegetation resulting from the lease or project, and (iii) the amount of the lease or project area that the existing mineral lease holder or operator may damage; (

c) the impact of the lease or project on other areas, including (

i) disturbance to the phy sical, social and cultural environment, (ii) location of the lease or pr oject in relation to existing or planned community uses, and (iii) other 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 Council 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 requires, may make a compensation order stating (

a) who must receive compen sation, the amount, including interest, and when it must be paid, and (

b) how often the compensation sp ecified in the order must be reviewed, if appropriate. 1990 cM-14.3 s118 Rehearing and review of decisions 119 The Land Access Panel may, without a hearing, amend a compensation order or right of entry order, regardless of who made it, with respect to a person named in it (

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

b) when the Panel is satisfied that there has been a change of occupant and compensation should properly be paid to a new occupant. 1990 cM-14.3 s119 Termination of right of entry order 120(1) On application to it the Land Access Panel may

RSA 2000

Section 121

Chapter M-14 METIS SETTLEMENTS ACT 70 (

a) terminate or amend a right of entry order made by it or the Existing Leases Land Access Panel if the Land Access Panel is satisfied that (

i) an existing mineral lease holder or operator is not using the right of entry order, or (ii) there is good reason to terminate or amend the order, or (

b) if the application is by an existing mineral lease holder for additional surface access or amendment of a right of entry order, grant, terminate or amend a right of entry order as required.

(2) No decision can be made under subsection (1) without an inquiry 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 entry order to which

Part 6 of the Environmental Protection and Enhancement Act applies unless a reclamation certificate has been issued in respect of the land to which the order relates. RSA 2000 cM-14 s120;2004 c25 s22 Recovery of compensation 121(1) If an existing mineral lease holder or operator fails to pay money (

a) under a surface lease, or (

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

(2) On receipt of satisfactory evidence of failure of the existing mineral lease holder or operator to pay, the Land Access Panel may direct the President of Treasury Board and Minister of Finance to pay out of the General Revenue Fund the amount of money to which the person is entitled.

(3) If the President of Treasury Board and Minister of Finance pays money to a person under this section, the amount paid constitutes a debt owing by the existing mineral lease holder or the operator to the Crown in right of Alberta.

RSA 2000

Section 122

Chapter M-14 METIS SETTLEMENTS ACT 71

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

section applies only to that part of the document concerning the surface lease. RSA 2000 cM-14 s121;2006 c23 s51;2013 c8 s16 Costs of appeal 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 operator, are payable by the holder or operator on the basis of the lawyer’s charges to the client regardless of the result of the appeal, unless the Court finds special circumstances to justify it to award costs on any other basis, or (

b) when the appeal is by the occupant, (

i) if the appeal is successf ul, are payable by the existing mineral lease holder or operator on the basis of the lawyer’s charges to the client, and (ii) if the appeal is unsuccessf ul, are payable on the basis of any costs incurred in the proceeding determined under the Alberta Rules of Court to the party, if any, that the Court in its discretion may direct.

(2) The Existing Leases Land Access Panel or Land Access Panel must vary its decision, with

Document details

Collection	Alberta — Consolidated Statutes
Citation	RSA 2000 cM-14
Type	statute
Volume / chapter	RSA 2000 cM-14
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	6b8c12279e93ccad783ebc52813fd6c569622931

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