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AR 362/91 LAND INTERESTS CONVERSION REGULATION

(no amdt)

ALBERTA REGULATION 362/91

Metis Settlements Act

LAND INTERESTS CONVERSION REGULATION

Table of Contents

                1       Definitions

                2       Conversion of certificates of occupancy

                3       Certificate of occupancy extinguished


                4       Allocations

                5       Decision making

                6       Documents to Registrar

                7       Requirement for plan

                8       Metis title

                9       Provisional Metis title

              10       Allotment

              11       Notice of decisions

              12       Appeals

              13       Appeal hearing

              14       Extinguishment of allocations under former Act

              15       Transfer of allocation

              16       Coming into force

Definitions

1   In this Regulation,

                                 (a)    “allocation” means a right or interest, other than a certificate of occupancy, in a parcel granted under the former Act to a member of a settlement association under the former Act;

                                 (b)    “allotment” means the interest in patented land described as an allotment in a General Council Policy;

                                 (c)    “Memorandum of Allotment” means the Memorandum of Allotment established by or under a General Council Policy;

                                 (d)    “Memorandum of Provisional Metis Title” means the Memorandum of Provisional Metis Title established by or under a General Council Policy;

                                 (e)    “Metis title” means the interest in patented land described as Metis title in a General Council Policy;

                                  (f)    “provisional Metis title” means the interest in patented land described as provisional Metis title in a General Council Policy;

                                 (g)    “Registrar” means the Registrar of the Metis Settlements Land Registry.

AR 362/91 s1

Conversion of certificates of occupancy

2(1)  The Minister must provide the Registrar with a list that sets out

                                 (a)    the settlement members who, on the day before the Metis Settlements Act came into force, held a certificate of occupancy under the former Act, and

                                 (b)    a description of the parcel of land each member held under the certificate of occupancy.

(2)  The Registrar must, in accordance with section 8 of the Metis Settlements Land Registry Regulation (Alta. Reg. 361/91), establish a Metis title register in the name of each member set out in the list for the parcel set out in the list or, if the member has died, in the name of the settlement in whose area the parcel is located in trust for the heirs of the member.

AR 362/91 s2

Certificate of occupancy extinguished

3   Every certificate of occupancy issued under the former Act is extinguished

                                 (a)    on the date the certificate of occupancy is converted to Metis title under section 2, or

                                 (b)    on June 30, 1995,

whichever occurs first.

AR 362/91 s3

Allocations

4(1)  A member of a settlement association under the former Act who holds an allocation when this Regulation comes into force or, if the member has transferred the allocation or died before this Regulation comes into force, the successor in title to the member, may apply to the settlement council in whose area the allocation is located for one of the following interests:

                                 (a)    Metis title;

                                 (b)    provisional Metis title;

                                 (c)    an allotment;

                                 (d)    any other interest permitted by General Council Policy.

(2)  An application under this section must be in a form approved by the settlement council.

AR 362/91 s4

Decision making

5   A settlement council must make a decision with respect to an application under section 4 within 90 days after the date that the application is received.

AR 362/91 s5

Documents to Registrar

6   When a settlement council decides that an applicant under section 4 should receive an interest, the council must send to the Registrar

                                 (a)    a notice that the settlement council has, under this Regulation, decided to grant an interest to an applicant,

                                 (b)    the document granting the interest, and

                                 (c)    any plan required under section 7.

AR 362/91 s6

Requirement for plan

7(1)  Despite any provision in this Regulation, if

                                 (a)    the Registrar believes the boundaries of an allocation are uncertain, or

                                 (b)    there are 2 or more allocations in one quarter-section of patented land,

the settlement council must not approve an application under section 4 unless a plan is prepared that shows the boundaries of the interest or interests to be granted under this Regulation.

(2)  The plan must be of a type specified by the Registrar and must meet the requirements for that type of plan under the Metis Settlements Land Registry Regulation (Alta. Reg. 361/91).

(3)  If there is a dispute over the boundaries to be shown on the plan, the dispute may be referred to the Appeal Tribunal for a decision.

(4)  A plan prepared under this section is not a plan of subdivision for the purposes of the Metis Settlements Subdivision Regulation (Alta. Reg. 363/91). 

AR 362/91 s7

Metis title

8(1)  A settlement council must approve an application under section 4 for Metis title in a parcel if

                                 (a)    the applicant is a settlement member who is living in the settlement area or has an authorized leave of absence under section 85 of the Act,

                                 (b)    the applicant would not exceed the limits for holding Metis title established by General Council Policy if Metis title was granted,

                                 (c)    the applicant

                                           (i)    is living on the parcel,

                                          (ii)    has an authorized leave of absence under section 85 of the Act and will likely live on the parcel at the end of the authorized leave of absence, or

                                         (iii)    is operating a business, farm or ranch on the parcel, and

                                 (d)    the parcel has been improved

                                           (i)    by constructing a building used for business or a house on it, or

                                          (ii)    by fencing, clearing, cultivating or otherwise working a significant part of the parcel to enhance its productive capacity.

(2)  If the settlement council is satisfied that the requirements of subsection (1) are met, it must approve the application and grant Metis title to the applicant by signing a transfer of Metis title.

(3)  If the settlement council is not satisfied that the requirements of subsection (1) are met, it may,

                                 (a)    if the requirements for provisional Metis title are met, grant that interest to the applicant by signing a Memorandum of Provisional Metis Title,

                                 (b)    if the requirements for an allotment are met, grant that interest to the applicant by signing a Memorandum of Allotment,

                                 (c)    if the requirements for another interest permitted by General Council Policy are met, grant that interest to the applicant by signing the appropriate document, or

                                 (d)    refuse to grant any interest to the applicant.

AR 362/91 s8

Provisional Metis title

9(1)  A settlement council must approve an application under section 4 for provisional Metis title in a parcel if

                                 (a)    the applicant is a settlement member who is living in the settlement area or has an authorized leave of absence under section 85 of the Act,

                                 (b)    the applicant would not exceed the land holding limits established by General Council Policy if provisional Metis title were granted, and

                                 (c)    the council is satisfied that the applicant intends to improve the parcel to the extent needed to obtain Metis title.

(2)  If the settlement council is satisfied that the requirements of subsection (1) are met, it must approve the application and grant provisional Metis title to the applicant by signing a Memorandum of Provisional Metis Title.

(3)  If the settlement council is not satisfied that the requirements of subsection (1) are met, it may,

                                 (a)    if the requirements for an allotment are met, grant that interest to the applicant by signing a Memorandum of Allotment,

                                 (b)    if the requirements for another interest permitted by General Council Policy are met, grant that interest to the applicant by signing the appropriate document, or

                                 (c)    refuse to grant any interest to the applicant.

AR 362/91 s9

Allotment

10(1)  A settlement council must approve an application under section 4 for an allotment in a parcel if

                                 (a)    the applicant is a settlement member who is living in the settlement area or has an authorized leave of absence under section 85 of the Act, and

                                 (b)    the applicant is operating a farm, ranch or business on the parcel and improvements have been made to the parcel for that purpose.

(2)  If the settlement council is satisfied that the requirements of subsection (1) are met, it must approve the application and grant an allotment to the applicant by signing a Memorandum of Allotment.

(3)  If the settlement council is not satisfied that the requirements of subsection (1) are met, it may,

                                 (a)    if the requirements for another interest permitted by General Council Policy are met, grant that interest to the applicant by signing the appropriate document, or

                                 (b)    refuse to grant any interest to the applicant.

AR 362/91 s10

Notice of decisions

11   Settlement council decisions made under this Regulation must be posted in the settlement office and be given to the applicant in writing.

AR 362/91 s11

Appeals

12(1)  If a settlement council in respect of an application under section 4 refuses to grant the interest applied for or refuses to grant any interest or does not make a decision within the time required by section 5,

                                 (a)    the applicant, or

                                 (b)    any person directly affected by the matter

may appeal in writing to the Appeal Tribunal.

(2)  If the settlement council makes its decision within the time required by section 5, the appeal must be made

                                 (a)    by the applicant within 45 days after the applicant receives notice of the decision, and

                                 (b)    by persons directly affected by the matter within 45 days after the date on which the notice is posted in the settlement office.

(3)  If the settlement council does not make its decision within the time required by section 5, the appeal must be made by the applicant or persons directly affected by the matter within 45 days after the date that the settlement council should have made its decision under section 5.

(4)  The Appeal Tribunal must notify the Registrar of every appeal it receives under this section.

(5)  An appeal is deemed to be an interest in land and on being notified of an appeal, the Registrar must record the interest in the name of the person making the appeal.

AR 362/91 s12

Appeal hearing

13(1)  On receipt of an appeal within the time limits specified by section 12, the Appeal Tribunal must hold a hearing after giving everyone it considers directly affected by the appeal reasonable notice of the date, time and place of the hearing.

(2)  On the Registrar receiving a copy of the Appeal Tribunal’s decision and the documents required to implement the decision, if any, the Registrar must cancel the recording of the appeal made under section 12(5).

AR 362/91 s13

Extinguishment of allocations under former Act

14(1)  An allocation granted to a person who was a member of a settlement association under the former Act is extinguished when the person ceases to be a settlement member under the Transitional Membership Regulation (Alta. Reg. 337/90) and all rights of appeal are over.

(2)  An allocation granted to a person who was a member of a settlement association under the former Act and who is a settlement member under the Transitional Membership Regulation (Alta. Reg. 337/90) is extinguished,

                                 (a)    if the person or a successor in title to that person applies for an interest under section 4 on or before June 30, 1995, when the allocation is converted under this Regulation, the new interest is recorded by the Registrar and all rights of appeal are over,

                                 (b)    if the person or a successor in title to that person applies for an interest under section 4 on or before June 30, 1995, when no interest is granted under this Regulation to the applicant and all rights of appeal are over, or

                                 (c)    if no application is made for an interest under section 4 on or before June 30, 1995 in respect of the allocation, on June 30, 1995.

AR 362/91 s14

Transfer of allocation

15   No allocation may be sold, transferred or dealt with on or after November 1, 1991 except for the purpose of converting the allocation in accordance with this Regulation.

AR 362/91 s15

Coming into force

16   This Regulation comes into force on November 1, 1991.

AR 362/91 s16