Bill 33 (Legislature 22, Session 2)

L22 S2 2708

Alberta — Bills

1990 Bn.L 33 Second Session, 22nd Legislattire, 39 EUzabetii II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 33 METIS SETTLEMENTS ACCORD IMPLEMENTATION ACT HON. MR. ROSTAD Fkst Reading Second Readmg Committee of tiie Whole Thkd Reading Royal Assent

Bill 33 BILL 33 1990 METIS SETTLEMENTS ACCORD IMPLEMENTATION ACT (Assented to , 1990) Table of Contents

Definitions 1 Purposes 2

Part 1 Implementing the Financial Assistance Elements of the Accord Division 1 Transitional Ftmding (April 1, 1990 to March 31, 1997) Conditional payments 3 Purposes of conditional payments 4 Change in purposes 5 Division 2 Post-ttansition Ftmding (April 1, 1997 to March 31, 2007) Unconditional payments 6 Matching payments from April 1, 1997 to March 31, 2002 7 Matching payments from April 1, 2002 to March 31, 2007 8 Review 9

Part 2 The Transition Process Division 1 Principles, Functions and Responsibilities Principles stated 10 Reporting relationship of Commissioner 11 Commissioner's functions 12 Commissioner's responsibilities 13 Dkection from General Council 14 Annual report of the Commissioner 15 1

Division 2 Autiiority to Implement tiie Accord Assignment of powers, duties and rights to Commissioner 16 Altermg Govemment programs, policies and procedures 17 Delegation of powers, duties and functions 18 Transfer of powers, duties and functions 19 Regulations to implement the Accord 20 Report on amendments to other legislation 21 Division 3 Particitiar Activities of the Commissioner Stationing employees 22 Attending meetings 23 Right of entty 24

Part 3 Metis Settlements Transition Fund Division 1 Establishment and Adnunisttation Establishment 25 Accoimts and records 26 Dkectives and rules 27 Consolidated Cash Investment Trust Fund 28 Nature of the Transition Fimd 29 Financial year 30 Division 2 Payments into and out of the Transition Fund Payments into the Transition Fund 31 Money paid for 2 or more purposes 32 Payments out of the Transition Fund 33 Special payments 34 Cheques and other instruments 35 Agreements sent to Commissioner 36 Auditor General 37 Financial Administtation Act not to apply 38

Part 4 Metis Settiements Transition Commission Division 1 Establishment and Membership Establishment 39 Stams of tiie Commission ^^ Members of tiie Transition Autiiority ^^ Commissioner's appomtment ^^ Term of office 43

Division 2 Management of tiie Commission Commissioner's management responsibilities 44 Staff 45 Experts and advisers 46 Liability 47 Costs and expenses of tiie Commission 48

Part 5 Extinguishment of Actions and Claims

Preamble 49 Certam existing legal actions stayed 50 Certam existing legal actions extmguished 51 Extinguishment of otiier rights of action 52

Part 6 Start-up Arrangements, Repeal and Commencement Fkst Commissioner 53 Accounting for payments 54 Income 55 Repeal of Parts 2 to 4 and 6 56 Effect of repeal 57 Commencement 58 Schedules HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as foUows: Defimtions l Jn this Act, (a) "Accord" means The Alberta-Metis Settiements Accord made on July 1, 1989 between die Govemment of Alberta and the Alberta Federation of Metis Settiement Associations; (b) "Commissioner" means tiie person appointed as Commissioner under tiiis Act or tiie person acting as Commissioner; (c) "Consolidated Fund" means die Metis Settiements ConsoUdated Fund established by die Metis Settlements Act; (d) "General Council" means tiie Metis Settiements General Council estabUshed by die Metis Settlements Act;

(e) "General Council PoUcy" means a poUcy made by tfie General Council in accordance with the Metis Settlements Act; (f) "Minister" means the member of the Executive CouncU charged by the Lieutenant Govemor in CouncU widi tfie administiation of diis Act; (g) "settiement" means a corporation estabUshed by

section 2(1) of tiie Metis Settlements Act; (h) "settiement area" means the geographic area of a settiement; (i) "settlement councU" means the councU of a settiement; (j) 'Transition Fund" means the Metis Settiements Transition Fund estabUshed by

section 25. Purposes 2 The purposcs of this Act are (

a) tt) implement certain financial assistance elements of die Accord, (

b) tt) implement that part of the Accord relating to die Metis Settlements Transition Commission, and (

c) tt} make tiansitional arrangements for the estabUshment and development of stmctmes and systems for local govemment of settiement areas. PARTI IMPLEMENTING THE FINANCIAL ASSISTANCE ELEMENTS OF THE ACCORD Division 1 Transitional Funding (April 1,1990 to March 31,1997) Conditional 3(1) The Provincial Treasmcr must pay tt) tiic Commissioner from payments ^^ General Revenue Fund (a) $25 000 000 a year for 7 years for capital development projects and operations and maintenance purposes in settiement areas, and (b) $5 000 000 a year for 7 years for die benefk of settiements and thek members.

Purposes of coi^itional payments Change in puqrases

(2) The first annual payment must be made out of vote 14 under Executive Council in th& Appropriation (Interim Supply) Act, 1990 and completed as soon as practicable after this

section comes into force.

(3) The subsequent annual payments must be made on AprU 1. 4(1) Of each payment of $25 000 000, (a) $15 000 000 is for capital development projects in settiement areas, and (b) $10 000 000 is for operations and maintenance for the benefit of settiements, includkig (

i) general administration, (ii) protective services, (iU) envkonment, (iv) utUities, (

v) community services, (vi) land development, (vii) transportation, (viU) housing, and (ix) purposes that are agreed on by the Minister and the General CouncU.

(2) Each payment of $5 000 000 (

a) must be held by the Commissioner or paid dkectiy into

Part 2 of die Consolidated Fund, and (

b) must be retained m

Part 2 of die ConsoUdated Fund for use in accordance with

section 142(2) of die Metis Settlements Act. 5 The purposes for which die $25 000 000 payments are made can be changed by General CouncU PoUcy (

a) from capital development purposes to operations and maintenance purposes, (

b) from operations and maintenance purposes to capital development purposes, or

(

c) from capital development purposes or operations ani maintenance purposes to other purposes for tiie benefit o settiements and thek members. Unconditional payments Division 2 Post-transition Funding (April 1,1997 to March 31, 2007) 6(1) The Provincial Treasmer must pay to the General Counci from the General Revenue Fund $10 000 000 a year for 10 years for die benefit of die settiements and diek members. Matching payments from April 1, 1997 to March 31, 2002 Matching payments from April 1, 2002 to March 31, 2007

(2) The fkst payment must be made on April 1, 1997.

(3) Each subsequent annual payment must be made on April 1. 7(1) After the end of each financial year during the period April 1, 1997 to March 31, 2002, each settiement councU must give tiie Provincial Treasmer an audited financial statement certifying, for the preceding financial year, (

a) die amount acmaUy collected by die settiement coundl from the eUgible somces described in

Schedule 1, and (

b) die amount that may subsequentiy be collected by tiie settiement council as a result of late payments.

(2) The Provincial Treasmer must pay to a settiement from tiie General Revenue Fund a sum that equals (

a) twice the amount of the sum that the auditor certifies was actually collected by the settiement councU from the eUgible somces in respect of the preceding financial year, and (

b) twice the amount of any fiuther sum that the auditor subsequentiy certkies was actoally collected by the settiement councU from the eUgible somces in respect of the preceding financial year. 8(1) After tiie end of each financial year during the period April 1, 2002 tt) March 31, 2007, each settiement councU must give tiie Provincial Treasmer an audited financial statement certifying, for tiie preceding financial year, (

a) die amount actually collected by die settiement council from the eUgible somces described in

Schedule 1, and (

b) die amount tiiat may subsequentiy be collected by tiie settiement councU as a resuU of late payments.

(2) The Provincial Treasurer must pay to a settiement from the General Revenue Fund a sum diat is (

a) die same as the amount tiiat tiie auditt)r certifies was actually collected by the settiement councU from tiie eUgible somces in respect of the preceding financial year, and (

b) tiie same as tiie amount of any futme sum that die auditor subsequentiy certkies was acmally collected by the settiement councU from the eUgible sources in respect of a preceding financial year. Review 9(1) The Minister and the General Council must review in 1993, 1996, 2001 and 2006 die money paid out under tiiis Part.

(2) The piupose of each review is tt) consider whether the money requked tt) be paid under this Part reflects the needs of the settiements and thek members in tight of prevaUing ckcumstances.

PART 2 THE TRANSITION PROCESS Division 1 Principles, Functions and Responsibilities Principles stated IQ The Commissioner and tiic Commission must cany out thek powers, duties, fimctions and responsibUities based on the following principles: (

a) tiie principle of benefiting tiie people of tiie settiements: the transition process is intended to make sure that benefits and services are provided to the people of the settlements in as eqidtable, efficient and effective a manner as possible; (

b) tiie principle of co-operation: the spirit of co-operation between the Government of Alberta and the people of the settlements that has fundamentally characterized the development and implementation of Resolution 18 of 1985, passed unanimously by the Legislative Assembly, must be maintained and continued; (

c) tiie principle of self-sufficiency and local govemment auttinomy: a 7-year transition process is intended to achieve political and administrative capacity and responsibility of settlement

councils to enable them to fimction within the mosaic oj local governments in Alberta; (

d) tiie principle of equity witii odier local govemments: the transition process is intended to result in the effective use of Provincial benefits for settlements in a manner and at a level that is equitable with other local government jurisdictions in Alberta; (

e) the principle of poUtical respect: the transition process must respect the political responsibilities ctf the General Council and settlement councils. Reporting n The Commissioncr is responsible, through the Transition cSsSn^^ Autiiority, tt) bodi die Minister and die General Council. Commissioner's 12 The fuuctious of the Commissioner are functions (

a) tt) ensme that die purposes of diis Act are achieved and to initiate, organize and administer the development of policies, programs, services and stmctures to fulfil tiie purposes of tiiis Act; (

b) tt) assist the General CouncU m its administtation and in the management of its powers, duties and rights; (

c) tt) assist settlement councUs in thek administtation and in the management of thek powers, duties and rights; (

d) to assist settiement councils and the people of tiie settiements in meeting eUgibiUty requkements of economic and development programs of die Govemment; (

e) when appropriate, to co-ordinate, in respect of tiie settiements, tiie poUcies, programs, procedures and services of (

i) departments of Govemment, (ii) Govemment agencies, and (iu) local autiiorities having jurisdiction in the settiement areas; (0 when possible and appropriate, to co-ordinate the policies, programs, procedmes and services of the Crown in right of Canada and its agencies;

(

g) tt) give tt) and receive from die General Council and settiement councils advice on policy, programs, procedmes and services; (

h) to administer or supervise the implementation of, or perform any power or duty with respect to, any policy, program, procedme or service assigned to the Commissioner by the Lieutenant Govemment in CouncU, a Minister of the Crown, an agency of tiie Crown or a local authority; (

i) to evaluate from time to time any of the poUcies, programs, procedures and services referred to in this

section and to evaluate the progress made towards ftilfUUng the purposes of this Act and to report to tiie Minister and tiie General Council as joindy requked by them; (

j) to organize and plan the activities of the Commission with a view to its dissolution. Commissioner's 13(1) Dcspitc anytiiing in tiie Metis Settlements Act, the responsibiuties Commissioner is responsible for (

a) the collection, management and conttol of the income and revenue of settiements, (

b) die management and contiol of aU payments by settiements in accordance with a settiement budget by-law, and (

c) all otiier matters relatkig to tiie financial affaks of settiements and may issue dkectives to a settiement about establishing, maintaining or closing accounts and conditions for operating them.

(2) The Commissioner is not responsible for tiie preparation of settiement budget by-laws.

(3) The Commissioner remains responsible for the matters described in subsection (1) until tiie Commissioner tiansfers autiiority under

section 19. Direction from 14(1) The Commissioner must take dkection from the General General Council couucU OU matters relating specifically tt) tiie coUective local govemment interests of settiement councUs.

(2) The Commissioner must comply witii General Council Policies. Aimuai report 15(1) The Commissioner must, as soon as practicable after tiie Commissioner ®"^ ^^ ^^^^ financial year, prepare a report summarizing tiie

Assignment of powers, duties and rights to Commissioner activities of die Commissioner during the preceding financial year that includes an audited financial statement of Commission funds.

(2) The Commissioner must give die report to the Minister and tiie General CouncU.

(3) On receipt of the Commissioner's report the Minister must lay a copy of it before the Legislative Assembly k k is sitting, and if it is not sitting, witiiin 15 days after die commencement of die next sitting. Division 2 Authority to Implement the Accord 16(1) For the purpose of carrying out the Commissioner's functions and responsibihties (

a) a settiement councU may assign to the Commissioner any power, duty or right the settiement council or settiement has, whetiier obtained before or after tiie coming into force of tiiis Act, on terms and conditions acceptable to die Commissioner, or (

b) tiie Lieutenant Govemor in CouncU may assign tt) tiie Commissioner for a specified period of time any power, duty or right that tiie settlement council or settiement has, whetiier obtained before or after the coming into force of this Act.

(2) Widi respect to a power, duty or right assigned under subsection (1), the Commissioner may, (

a) m the name of the settiement council or settiement, exercise the power, duty or right so as to bind the settiement council or settiement, (

b) by order, do anything that a settiement councU or settiement is requked or empowered to do by by-law or resolution, and (

c) by the Commissioner's signature alone, execute any agreement or other document tt) be signed by tfie settlement councU or on behalf of die settiement

(3) A settlement councU may not exercise (

a) a power, duty or right assigned to the Commissioner, or (

b) any other power, duty or right so as to interfere witii tiie exercise by the Commissioner of any power, duty or right assigned to the Commissioner. 10

Altering Govemment programs, policies and procedures Delegation of powers, duties and functirais Transfer of powers, duties and functions Regulations to implement the Accord

(4) This

section applies despite anything contained in the law from which the settiement council or settiement derives its power, duty or right.

(5) The Regulations Act does not apply to an order made under subsection (2)(b).

(6) The Commissioner must ensme that an order made under subsection (2)(

b) is posted in die settiement office and is pubUshed in The Alberta Gazette. 17(1) The Commissioner may request tiiat programs, poUcies, procedures, services or rules of Govemment departments or agencies be altered or rescinded to put into effect any change needed to fulfU the purposes of this Act.

(2) If a request is not compUed witii, tiie Transition Autiiority may issue an alteration to the program, policy, procedme, service or mle, or rescind all or part of it, and the alteration or repeal (

a) becomes effective 45 days after its issue unless the Lieutenant Govemor in Council vetoes the alteration or repeal witiiin tiie 45 days, and (

b) k it is not vetoed, has the same effect as if it was made by the person fkst having authority to make it. 18(1) The Commissioner may delegate to any person a power, duty, function or responsibility conferred or imposed on the Commissioner under this or any other enactment, whether the enactment is passed before or after the coming into force of this section.

(2) The delegation must be in writing and may be subject to conditions.

(3) The Commissioner may revoke a delegation at any time. 19(1) The Commissioner may tiansfer to a settiement council or the General Council a power, duty, function or responsibiUty conferred or imposed on the Commissioner under this or any other enactinent, whether the enactment is passed before or after the coming into force of this section.

(2) The ttansfer must be in writing and cannot be revoked. 20 The Lieutenant Govemor in Council may (

a) make regulations to implement die Accord, and 11

Report on amendments to other legislation Stationing employees Attending meetings (

b) for the purpose of implementing the Accord, add to, amend or repeal a regulation made under any other Act whether or nol tiiat regulation was made by die Lieutenant Govemor in CouncU and despite anytiiing contamed in die other Act. 21(1) The Commissioner must prepare one or more reports recommending amendments to Acts and regulations necessary to implement the Accord.

(2) The reports recommending amendments must be finished by December 31,1992, or on any otiier date agreed on by the Minister and the General Council.

(3) The Commissioner must give the reports to tiie Minister and the General CouncU. Division 3 Particular Activities of the Commissioner 22 The Commissioner may station an employee of die Commission in a settiement office for the purpose of carrying out tiie Commissioner's functions or assisting a settiement councU. 23 The Commissioner and persons authorized by tiie Commissioner may attend meetings of the General CouncU or a settiement councU or a committee of either of them in order to carry out the Commissioner's functions. Right of entry 24(1) In subscctiou (2), "patented land" has die same meaning as it has in die Metis Settlements Act.

(2) The Commissioner and persons authorized by tiie Commissioner may, in order to carry out the Commissioner's functions, (

a) enter on patented land, and (

b) enter a buUding or stmctme used as an office or place of business of the General CouncU or settiement.

PART 3 IVIETIS SETTLEMENTS TRANSITION FUND Division 1 Establishment and Administration EstabUshment 25(1) The Mctis Settlements Transition Fund is estabUshed.

(2) The Transition Fund is held and administered by tiie Commissioner. 12

Accounts and records Directives and rules Consolidated Cash bwestment TnistFund Nature of the Transition Fund Financial year I mto the Transition Fund 26 The Commissioner must (

a) establish accounts in the name of die Transition Fund witii a bank or an Alberta Treasury Branch, (

b) keep the Transition Fund and all accounts and records relating to k separate from accounts and records of the Commission, and (

c) operate die Transition Fund in accordance witii this Part and generally accepted accounting principles. 27 The Commissioner may issue dkectives and mles about the management and administiation of the Transition Fund. 28 The Commissioner may, with respect to the Transition Fund, be designated as a depositor to die Consolidated Cash Investment Trust Fund estabUshed under die Financial Administration Act. 29 The Transition Fund must be maintained (

a) as cash, or (

b) ki the form of invesunents described in

Schedule 2 or made tittough die Consolidated Cash Investinent Tmst Fund. 30 The financial year of the Transition Fund is April 1 to the following March 31. Division 2 Payments into and out of the Transition Fund 31

(1) For the period from the coming into force of this

section to March 31, 1997 there must be paid into the Transition Fund (

a) die fkst annual payment of $25 000 000 less the payments referred to in

section 54(2)(a), (

b) tiie subsequent annual payments of $25 000 000 paid in accordance with

section 3, (

c) interest or other income from investments made from money in the Transition Fund, (

d) die proceeds of sale of anytiiing acquked from die Transition Fund, and (

e) anytiiing else specified by the Commissioner. 13

Money paid for 2 or more purposes

(2) No money can be paid mto die Transition Fund unless k is described m subsection (1) or autiiorized by

section 32. 32 If the Commissioner receives a payment partiy payable intt: the Transition Fund and partly attiibutable to otiier matters, tiie payment must be paid in die fkst instance to the Transition Fund, but the part atttibutable tt) odier matters must be paid out of tiie Transition Fund as soon as reasonably possible. Paymenuoutof 33(1) At tiic dkcctiou of the Commissioner, money may be p^J'*""^°" aUocated for payment out of die Transition Fund if die payment is (

a) for one or more of the purposes established under diis Act for die $25 000 000 annual payments and is in accordance witii (

i) an annual financial allocation policy or amendments \o that policy made by General CouncU PoUcy, and (ii) a settiement budget by-law or amendments to diat by law, (

b) authorized by an enactment otiier tiian this Act, (

c) for investments described in

Schedule 2 or made tiuough the ConsoUdated Cash Investtnent Tmst Fund, (

d) to refund payments tiiat were made to the Transition Fund in error, (

e) autiiorized under

section 32, or (

f) for anytiiing diat is dkectiy attributable tt) die estabUshment, operation, administtation or management of die Transition Fund.

(2) If the General Council fails to make a financial aUocation poUcy by April 1 each year, the Commissioner may allocate money from die Transition Fund for that financial year in any way tiiat tiie Commissioner considers appropriate.

(3) A payment cannot be made from the Transition Fund unless the money for the payment has been allocated under tiiis

section or is made under

section 34. 34(1) The Commissioner may make a payment out of tiie Transition Fund (

a) tt) the Commission for any sum that the Commission has paid on behalf of the General CouncU or a settiement out of Commission funds, or Special payments 14

(

b) to the Crown in right of Alberta for any sum that the Provincial Treasmer certifies is due and payable by the General Council or settiement to the Crown or an agent of the Crown.

(2) If the Commissioner makes a payment under subsection (1), the Commissioner must deduct the amount of the payment from money in die Transition Fund that is otherwise due to be paid tt) the General CouncU or a settiement. Cheques and other instruments Agreements sent to Commissioner 35(1) No cheque, money order or other negotiable instmment may be issued agakist, or cash wididrawn from, the Transition Fund for a payment described m

section 33(l)(

a) or (

b) unless tiie instmment or withdrawal is approved by the Commissioner and (

a) die expenditme is in accordance with a settiement budget by-law or amendments to that by-law, (

b) die expenditme has been authorized by (

i) the settiement chairman or a counciUor designated by the settiement council as an altemate signing officer, and (ii) the settlement administiator, (

c) the settiement administiator certifies that there is money immediately available for the expenditme, and (

d) the expenditme (

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

(2) No cheque, money order or other negotiable instiiiment may be issued against, or cash withdrawn from, the Transition Fund for a payment described in

section 33(l)(

c) to (

f) unless the expenditure is authorized by the Commissioner.

(3) No payment can be made from the Transition Fund under this

section k it would contiavene this Act, a dkective or mle issued under this Act, or a General CouncU Policy. 36(1) When a settlement councU or the General CouncU enters into an agreement under which a payment from the Transition Fund may be requked, the settiement council or General CouncU, as the case requkes, must promptiy send a copy of the agreement to the Commissioner. 15

(2) Subsection (1) does not apply (

a) tt) those agreements or kinds of agreement speckled in writing by the Commissioner, or (

b) to the one or more settlement councils specified by die Commissioner. Auditor General 37(1) The Audittir General is die auditor of die Transition Fund and die Commission.

(2) As soon as practicable after the end of each financial year diere must be prepared an audited financial statement of die Transition Fund for the preceding financial year. Financial Administration Act not to apply 38(1) Subject to subsection (2), the Financial Administration Act does not apply to (

a) die Transition Fund or any expenditures from k, payment intt) it or activity in relation to it, (

b) a person administering, receiving or disbursing money in relation to the Transition Fund, or (

c) the Commission or money appropriated by tiie Legislature for tiie purposes of tiie Commission.

(2) Section 52 of the Financial Administration Act and otiier provisions of that Act relating to the ConsoUdated Cash Investinent Tmst Fund apply.

PART 4 METIS SETTLEMENTS TRANSITION COMMISSION Division 1 Establishment and Membership Establishment 39(1) The Mctis Scttiemeuts Transition Commissiou is cstabUshed as a corporation.

(2) The Commission is composed of (

a) die Commissioner, and (b) 2 other meml)ers to advise die Commissioner, who are tt) be known collectively as the "Transition Autiiority". 16

Members of the Transition Authority status of the 40 The Commission is an independent corporation formed as a Commission ^.^^^j^ ^^ ^^ Accord for tiic purposc of fulfilUng die purposes of this Act in an expeditious and efficient manner. 41

(1) Of the 2 members of the Transition Authority otiier than the Commissioner, (

a) one must be appointed by the Lieutenant Govemor in Council, and (

b) one must be appointed by resolution of the General Council.

(2) The Lieutenant Govemor in Council and the General Council may each appoint an altemate member to act in the absence or incapacity of its respective appointee or if the office becomes vacant.

(3) The fees and expenses of the members referred to in subsections (1) and (2) must be set by the Minister after consultation widi the General CouncU.

(4) A faUme to appoint a member referred to in subsection (1), or a vacancy in the office of a member of the Transition Authority, does not affect the operation of the Commission. 42(1) The Lieutenant Govemor in Council must appoint the Commissioner on the recommendation of the 2 members of the Transition Authority appomted under

section 41(1).

(2) The Minister must set the fees and expenses payable to the Commissioner.

(3) The Commissioner is an employee of die Commission. Tom of office 43(1) The person appointed as Commissioner remains in that position untU the Commission is dissolved, unless (

a) the Commissioner resigns earlier by giving written notice to both die Mmister and the General CouncU, or (

b) the Commissioner's appointment is terminated earlier by the Lieutenant Govemor in Council on the recommendation of the 2 members of die Transition Authority appointed under

section 41(1).

(2) If the office of Commissioner becomes vacant, the other members of tiie Transition Authority, acting jointiy, have all the powers, duties, responsibiUties and functions of the Commissioner while the office is vacant. Commissioner's ^pointment 17

Division 2 Management of the Commission Commissioner's 44(1) The Commissioner management responsibilities , ^ . , , . n • n^ •. , ^ • • (

a) is the chief executive officer of tiie Commission, (

b) has conttol over and is responsible for the organization, administtation and management of the Commission, its staff and thek activities, (

c) is responsible for the Commission's activities, and (

d) is responsible for ensuring that the administtative practices of the Commission are consistent with General CouncU PoUcies.

(2) The Commissioner is a deputy head for the purposes of tiie Public Service Act. Staff 45(1) In accordance with the Public Service Act, tiiere may be appointed employees of tiie Commission that are requked by the Commissioner.

(2) The Commissioner may (

a) with the consent of tiie deputy head concemed, or (

b) with the consent of the Deputy Minister of tiie Executive Council, second any employee of the public service to work for die Commission for such period as the Commissioner considers necessary. 46 The Commissioner may engage the services of experts or persons having special, technical or other knowledge to advise the Commissioner or to inquke into any matter and report to die Commissioner. 47 The members, officers and employees of the Commission and persons acting under the instmctions of any of them are not personaUy liable for anything done or omitted to be done in good faith in the exercise or purported exercise of a power under tiiis Act or any other enactment.

Costs and 48 The costs and expenses of the Commission must be paid out SiTsdon**' °^ money appropriated by die Legislature for diat purpose. Expats and advisers Liability 18

Preamble

PART 5 EXTINGUISHMENT OF ACTIONS AND CLAIMS 49 This

Part is enacted withm the following context: (

a) die Crown in right of Alberta is grantkig certain parcels of land to die General Council by letters patent; (

b) tiie patented land and the General CouncU wUl be protected by an amendment tt) the constitution of Alberta; (

c) tills Act, tiie Metis Settlements Land Protection Act. the Metis Settlements Act and tiie Constitution of Alberta Amendment Act, 1990 are enacted in fulfilment of Resolution 18 of 1985, passed unanimously by the Legislative Assembly, and the Accord; (

d) it is deskable to quiet not only existing legal actions but those which could arise under or in respect of The Metis Betterment Act or its predecessors or in respect of tmst or fiduciary obligations of the Crown in right of Alberta. 50(1) Alberta Court of Queen's Bench actions numbered 83520 and 100945 are stayed and no steps may be taken to proceed with or amend the actions so long as the Legislatme does not enact any Act tiiat repeals or amends the Constitution ofAlberta Amendment Act, 1990. (2) Subsection (1) does not apply when the subject-matter of the Act referred to in subsection (1) has been approved by a plebiscite under

section 7 of the Constitution of Alberta Amendment Act, 1990.

(3) If the actions are no longer stayed pmsuant to subsection (1), the provisions of any enactment or mle of law or equity that limks further steps in an action because of the passage of time do not apply with respect to die time the actions were stayed as a result of this section.

(4) Nothing m this

section validates any of the claims or defences in the actions referred to in subsection (1).

(5) This

section is repealed when tiie Constitution of Alberta Amendment Act, 1990 is repealed pmsuant to

section 8 of tiiat Act. keottiSf"^ 51(1) Alberta Court of Queen's Bench actions numbered 83520 Mtinguisted ^"^ 100945 and the claims made in them are extinguished. Certain existing legal actions stayed 19

(2) Notiiing in this

section validates any of die claims or defences in die actions referted to in subsection (1).

(3) This

section comes kito force when the ConstitiJttion ofAlberta Amendment Act, 1990 is repealed pmsuant tt)

section 8 of tiiat Act. Extinguishment 52(1) Jn tilis SCCtion, of other rights of action (a) "Crown" includes a Minister of the Crown and agents, delegates or employees of die Crown or a Minister; (b) "The Metis Betterment Act" means The Metis Betterment Act, RSA 1970 c233, and die predecessors tt) tiiat Act, being The Metis Population Betterment Act, SA 1938 (2nd session) c6. The Metis Population Betterment Act, 1940, SA 1940 c6. The Metis Population Betterment Act, RSA 1942 c329 and The Metis Betterment Act, RSA 1955 c202.

(2) AU existing and futme causes of action in law or in equity by or against the Crown in respect of the following matters are extinguished: (

a) The Metis Betterment Act and regulations, orders in councU and ministerial orders made or purportedly made under tiiat Act, including (

i) acts or omissions, and (ii) representations made, respecting the administiation, operation or management of tiiat Act or regulations, orders in councU or ministerial orders made or purportedly made under that Act; (

b) die Metis Settiement Associations Grants Administtation Fund purportedly established by Treasury Board Minute 143/84, the Metis Settiements Tmst Fund continued under

section 20 of tiie Department of Municipal Affairs Act and die Metis Population Betterment Tmst Account referred to in Order in Council numbered O.C. 1785-43 and Alberta Regulations 620/57 and 112/60, and die payment out of tiiose Funds and thek winding-up; (

c) a tiust or fiduciary obUgation by vutue of, related to or arising out of The Metis Betterment Act or regulations, orders in council or ministerial orders made or purportedly made under that Act.

(3) Notiiing ki this

section acknowledges, admits, validates or recognizes a cause of action referred to in subsection (2). 20

First Commissioner

(4) Nothing in this

section applies to (

a) Court of Queen's Bench actions numbered 83520 and 100945, or (

b) a legal action commenced before AprU 15, 1990.

(5) This

section is deemed to have come into force on AprU 15, 1990.

PART 6 START-UP ARRANGEMENTS, REPEAL AND COMMENCEMENT 53(2) The Commissioner appointed by Order in Council numbered O.C. 203190 is the Commissioner under this Act and is deemed to have been appointed under

section 42(1).

(2) Anything done by the Commissioner appointed by Order in Council numbered O.C. 203190 prior to the coming into force of this

section for the purpose of implementing the Accord is deemed to have been done under this Act. Accounting for 54^7^ /„ ^/j/j section, "votc 14" means vote 14 under Executive payments CouncH in the Appropriation (Interim Supply) Act, 1990.

(2) As soon as practicable after this

section comes into force the Provincial Treasurer must account to the Commissioner for all the payments made from vote 14, distinguishing between (

a) payments made that are designated as part of the first annual payment under

section 3, and (

b) payments used to establish and prepare for the operation of the Commission.

(3) The payments referred to in subsection (2)(

a) are deemed to have been made in accordance with, and for the purposes required by this Act. Income 55(7) In this section, "Accordfunds" means the money that would have been in an account from day to day if (a) $30 000 000 had been put into a separate account on April 1,1990, and (

b) the payments referred to in

section 54(2)(

a) had been withdrawn from the account on the same days that those payments were actually made. 21

(2) The Provincial Treasurer must pay to the Commissioner from the General Revenue Fund the income that would have been earned daily on the Accord funds if they had been invested in the Consolidated Cash Investment Trust Fund between April 1,1990 and the day that the first annual payment referred to in

section 3(2) is completed.

(3) The income must be paid to the Commissioner as soon as practicable after this

section comes into force and the Commissioner must pay the income into the Transition Fund. Repeal of Parts 56(7) On March 31,1997, 2 to 4 and 6 (

a) section 1(

b) is repealed; (

b) Parts 2, 3, 4 and this Part are repealed.

(2) The date of repeal may be changed any number of times by Proclamation issued in accordance with an agreement between the Mirtister and the General Council. Effect of repeal 57 fhc repeal of Parts 2 to 4 has the following effect: (

a) the Commission is dissolved and the appointments of the members of the Transition Authority are terminated; (

b) all real and personal property arui the liabilities of the Commission become the reed and personal property and liabilities of the Crown in right ofAlberta or the one or more persons agreed on by the Minister arui the General Council; (

c) an employee of the Commission, if the employee concurs, (

i) becomes an employee of the General Council, or (ii) becomes an employee of the Government ofAlberta, as the Minister and General Council determine, and in the absence of agreement becomes an employee of the Government ofAlberta; (

d) assignments under

section 16 are repealed, but all actions taken, decisions made or things done remain in effect until they are amended or repealed by General Council Policy or settlement by-law, as the case requires; (

e) the Transition Fund continues to ejdst and is held and administered by the General Council in accordance with the directives, rules and procedures then in effect until they are subsequently amended or repealed by General Council Policy or the Transition Fund is merged with the Consolidated Fund. 22

Commencement 53 This Act comes into force on Proclamation. 23

SCHEDULE 1 List Of Sources of Income Generated by Settlement Councils that are Eligible for Matching Payments under Sections 7 and 8 Eligible sources •( The following souTCCs of iucomc and revenue are eligible for matching payments under sections 7 and 8: (

a) fees, charges and levies collected under sections 14,16,17 and 21 of

Schedule 1 of the Metis Settlements Act; (

b) taxes levied and collected under sections 166 and 167 of tiie Metis Settlements Act; (

c) off-site levies coUected under

section 168 of die Metis Settlements Act; (

d) any other source of income or revenue agreed to by tiie Minister and the General Council, except those described in

section 2. ineUgibie 2 The foUowiug reveuuc or sources of income are not eUgible tt) ^""^^ calculate matching payments: (

a) revenue from subsurface resomces or related to access tt) subsurface resomces; (

b) surface rights compensation payments; (

c) grants and mterest income; (

d) payments arising firom agreements with other local govemments; (

e) payments from the Crown in right of Canada or an agency of the Crown in right of Canada. 24

SCHEDULE 2 Permitted Investments 1

(1) In this section, "Provincial corporation" and "securities" have the same meaning as diey have in the Financial Administration Act.

(2) The Commissioner may invest money from the Transition Fund in any or aU of die following: (

a) securities of a Provincial corporation; (

b) securities of a city, town, viUage, municipal distiict, county, drainage district or hospital district in Alberta or of the board of tmstees of a school district or school division in Alberta; (

c) certificates of deposit, deposit receipts or other evidence of indebtedness given by a bank or tteasury branch in consideration of a deposit or deposits made widi the bank or tteasury branch; (

d) securities unconditionally guaranteed by a bank as to repayment of principal and interest; (

e) investment certificates as defined in the Trust Companies Act issued or entered into by a tiust company registered under tiiat Act; (

f) securities of the Alberta Energy Company; (

g) securities of the Export Development Corporation under the Export Development Act (Canada); (

h) an investment within the classes of investments enumerated in

section 86 of the Canadian and British Insurance Companies Act (Canada); (

i) securities of a loan company designated as a mortgage investment company under the Loan Companies Act (Canada); (

j) bonds, debentmes or other evidence of indebtedness of or guaranteed as to die repayment of principal and interest by the govemment of a country otiier than Canada; (

k) units or shares of (

i) a real estate investment tmst, (ii) a mutual or pooled fund, or 25

(iU) a corporation that does not issue debt obligations and holds at least 98% of its assets in cash, investments and loans, and obtains at least 98% of its income from those investments and loans if the investments or loans that may be made on behak of die tiust, fund or corporation are of those classes of investments authorized under clauses (

a) to (j); (1) an instmment evidencing an interest in a debt obUgation where die payment of the debt and the interest on die debt is insured by a company registered under the Canadian and British Insurance Companies Act (Canada); (

m) options or futmes ttaded under tiie supervision of a regulated market designated by die Provincial Treasurer. 26 Title: 1990 (22nd 2nd) Bill 33, Metis Settlements Accord Implementation Act

Document details

Collection	Alberta — Bills
Citation	L22 S2 2708
Type	bill
Volume / chapter	L22 S2 2708
Language	en
Format	json
Source	PROVINCIAL
Identifier	e06b69c0ef371098c8a7a973585fccd5b3e61fec

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