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AR 337/90 TRANSITIONAL MEMBERSHIP REGULATION

(no amdt)

ALBERTA REGULATION 337/90

Metis Settlements Act

TRANSITIONAL MEMBERSHIP REGULATION

Table of Contents

                1       Definitions

                2       Settlement councils membership lists

                3       Ministers membership lists


                4       Settlement Membership Interim Report

                5       Posting Interim Report

                6       Revisions after posting

                7       Settlement Membership Final Report

                8       Confirmed settlement members

                9       Claim of membership

              10       Other membership claims

              11       Appeal Tribunal decision

              12       Rights of persons in uncertain status

              13       Membership determination by Appeal Tribunal

              14       Termination of membership

Definitions

1   In this Regulation,

                                 (a)    “Act” mean the Metis Settlements Act;

                                 (b)    “Commissioner” means the person appointed as Commissioner under the Metis Settlements Accord Implementation Act or the person acting as Commissioner;

                                 (c)    “Final Report” means the Settlement Membership Final Report referred to in section 7;

                                 (d)    “Interim Report” means the Settlement Membership Interim Report referred to in section 4.

AR 337/90 s1

Settlement councils membership lists

2(1)  Every settlement council must give the Commissioner a list of names of the persons who, on the day that the former Act is repealed, are shown on the records maintained by the settlement association under the former Act as members of the settlement association.

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

(3)  If a settlement council fails to give the Commissioner a list of names within the 21 days or any agreed extension of time, the list prepared by the Minister for that settlement is the settlement council’s list for the purposes of this Regulation.

AR 337/90 s2

Ministers membership lists

3(1)  The Minister must give the Commissioner a list of names of the persons who, on the day that the former Act is repealed, are shown on the records maintained by the Minister as members of each settlement association under the former Act.

(2)  The list of names must be given to the Commissioner within 21 days after the date this Regulation comes into force.

AR 337/90 s3

Settlement Membership Interim Report

4(1)  The Commissioner must prepare a Settlement Membership Interim Report that sets out, for each settlement,

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

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

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

(3)  The Commissioner may, before the Interim Report is posted pursuant to section 5, add names to, amend names on or delete names from

                                 (a)    a settlement council’s list, with the consent of the settlement council, and

                                 (b)    the Minister’s list, with the consent of the Minister.

AR 337/90 s4

Posting Interim Report

5(1)  As soon as possible after the Interim Report has been prepared, the Commissioner must post a copy of the Report in each settlement office and in the office of the General Council and otherwise publicize the Report.

(2)  The Commissioner must make every reasonable effort to notify the persons whose names are set out under the title “uncertain status” in the Interim Report of their classification and to tell them how and when a claim for membership may be made.

AR 337/90 s5

Revisions after posting

6   The Commissioner may, after the Interim Report is posted, add names to, amend names on or delete names from the Report

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

                                 (b)    in respect of the Minister’s list, with the consent of the Minister.

AR 337/90 s6

Settlement Membership Final Report

7(1)  The Commissioner must, on or before December 31, 1990 or such later date as is agreed to by the Minister and the General Council, prepare a Settlement Membership Final Report that is in the same form as the Interim Report and that contains all the revisions made under section 6.

(2)  As soon as possible after the Final Report has been prepared, the Commissioner must post the Final Report in each settlement office and in the office of the General Council and otherwise publicize the Report.

AR 337/90 s7

Confirmed settlement members

8   A person whose name is set out under the title “confirmed settlement members” in the Final Report is a member of the settlement indicated in the Final Report.

AR 337/90 s8

Claim of membership

9   A person whose name is set out under the title “uncertain status” in the Interim Report or Final Report may

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

                                 (b)    file a written claim of membership with the Appeal Tribunal on or before 90 days after the Final Report is posted in the office of the General Council.

AR 337/90 s9

Other membership claims

10(1)  No person may file a claim for membership with the Appeal Tribunal under this Regulation unless the name of that person is set out under the title “uncertain status” in the Interim Report or Final Report.

(2)  Nothing in this Regulation prevents a person whose name is not set out in the Interim Report or Final Report, or who loses a right to claim membership under this Regulation, from applying to become a settlement member under the Act.

AR 337/90 s10

Appeal Tribunal decision

11(1)  On receipt of a claim of membership under this Regulation, the Appeal Tribunal must hold a hearing on the matter after giving everyone it considers affected reasonable notice of the date, time and place of the hearing.

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

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

                                 (b)    if the claimant was treated as a member, whether, in all the circumstances, fairness requires the claimant to be named a settlement member.

AR 337/90 s11

Rights of persons in uncertain status

12(1)  A person whose name is set out under the title “uncertain status” in the Interim Report or Final Report ceases to be a settlement member

                                 (a)    90 days after the Final Report is posted in the office of the General Council, unless the person has filed a claim of membership with the Appeal Tribunal on or before that day, and

                                 (b)    if the person has filed a claim of membership on or before 90 days after the Final Report is posted in the office of the General Council, when the Appeal Tribunal determines that the person is not a settlement member.

(2)  The cessation of membership of a person referred to in subsection (1)(b) is subject to an appeal under section 204 of the Act.

AR 337/90 s12

Membership determination by Appeal Tribunal

13   A person who is determined to be a settlement member by the Appeal Tribunal as a result of a claim of membership made under this Regulation is a member of the settlement indicated by the Appeal Tribunal.

AR 337/90 s13

Termination of membership

14   The settlement membership of a person who is a member under section 8 or 13 of this Regulation may be terminated in accordance with the Act.

AR 337/90 s14