Division 1
Transitional Regulations, General Council Policies and Bylaws
247 Repealed 1998 c22 s22(51). Transitional regulations
248(1) The Minister may, despite anything in this Act, make regulations governing the first annual election of councillors under this Act including the date of the election, the eligibility of candidates, who may vote for them, their term of office, the procedure before, during and after the election and for any difficulty arising by the application of the Local Authorities Election Act.
(2) to (4) Repealed 1990 cM-14.3 s248(4).
1990 cM-14.3 s248
249 Repealed 1990 cM-14.3 s249(3).
Division 2
Interim Councillors, Interim Officers of the General Council and Existing
Authorizations and Orders
Interim councillors
251(1) As soon as reasonably possible after October 31, 1990, the Minister must appoint, for each settlement council, 5 persons as interim councillors.
(2) The interim councillors of each settlement council
(a) constitute the settlement council for the settlement in respect of which they are appointed,
(b) are councillors for all purposes, and
(c) must hold an organizational meeting within 14 days of their appointment and appoint a settlement chair at that meeting.
(3) The interim councillors hold office (a) for 6 months, or
(b) until the organizational meeting of a settlement council is held following the first election of councillors,
whichever comes first.
(4) The settlements are not Provincial corporations under the
Financial Administration Act or the Auditor General Act.
1990 cM-14.3 s251
Interim officers of General Council
252(1) As soon as reasonably possible after November 1, 1990, the Minister must appoint the first officers of the General Council, who hold office until officers are elected under subsection (2).
(2) As soon as reasonably possible after November 1, 1990, the settlement councils must elect the officers of the General Council in accordance with section 216.
(3) The officers elected under subsection (2) hold office (a) for 9 months, or
(b) until their successors are elected under subsection (4), whichever comes first.
127
(4) The settlement councils must elect the officers of the General Council within 60 days of the completion of all the first annual elections for councillors.
(5) The General Council is not a Provincial corporation under the
Financial Administration Act or the Auditor General Act.
1990 cM-14.3 s252
Authorizations continued
253 A permit, lease, licence or other authorization issued under the former Act continues with the same effect under this Act as if it had been issued by a settlement council.
1990 cM-14.3 s253
Orders under the Surface Rights Act
254(1) Compensation orders and right of entry orders made by the Surface Rights Board under the Surface Rights Act in respect of patented land before November 1, 1990 are deemed to be equivalent orders made by the Land Access Panel under Part 4 of this Act and continue to have the same effect.
(2) In dealing with an order or any renewal, amendment or application with respect to an order referred to in subsection (1), the Land Access Panel has all the authority of the Surface Rights Board under the Surface Rights Act in addition to the authority it has under this Act.
(3) The order referred to in subsection (1) ceases to be subject to the jurisdiction of the Surface Rights Board on November 1, 1990.
1990 cM-14.3 s254
Amending boundaries of improvement districts
255 As soon as reasonably possible after November 1, 1990, the Minister of Municipal Affairs must amend the boundaries of those improvement districts in which the settlement areas are located so that the settlement areas cease to be part of the geographic area of the improvement districts.
Division 3
Interim Membership, and Time and Applications Made under the Former Act
Interim membership
256 A person who is, when this section comes into force, a member of a settlement association under the former Act, is a member of the corresponding settlement until such time as membership is determined in accordance with regulations made under section 257.
1990 cM-14.3 s256
Interim membership regulation
257 The Minister may, in accordance with section 239, make regulations
(a) respecting the means by which persons are determined to be settlement members and if a dispute arises, the means of resolving the dispute;
(b) governing the transitional arrangements applying to persons until they become settlement members under this Act or their membership status is otherwise settled;
(c) governing such other matters respecting settlement membership as is considered necessary.
1990 cM-14.3 s257
Counting time under the former Act
258 When eligibility to vote at an election or on a bylaw, or to be a candidate in an election, depends on a period of time, the settlement member can, for the purposes of determining eligibility,
(a) count any applicable period he or she was a member of a settlement association under the former Act, and
(b) count his or her residence in the settlement area immediately before November 1, 1990.
1990 cM-14.3 s258
Former applications
259 An application for membership, land or any other thing that has been made but not decided under the former Act must, on and after November 1, 1990, be resubmitted and dealt with under this Act.
1990 cM-14.3 s259
Deferral of applications
129
Former certificates of occupancy and allocations
261(1) A certificate of occupancy issued under the former Act must be converted into a certificate of Metis title in accordance with the regulations.
(2) A parcel of land allocated to a member of a settlement association under the former Act for which no certificate of occupancy was issued continues to be allocated to the person under this Act until
(a) the person is determined not to be a settlement member and all rights of appeal are over,
(b) the person is allotted an interest in the parcel in accordance with the regulations and all rights of appeal are over, or (c) the person’s allocation under the former Act is terminated in
accordance with the regulations and all rights of appeal are over.
(3) If a person loses a right or interest in land under subsection (2) or the regulations, or if the right or interest is converted into a different right or interest under the regulations, the loss or conversion
(a) is not an expropriation, and
(b) does not give rise to any common law or equitable right to compensation.
1990 cM-14.3 s261
Conversion regulations
262 The Minister may make regulations
(a) respecting the conversion of rights or interests held by settlement members under the former Act to rights and interests in patented land under this Act;
(b) prohibiting the sale, transfer, abandonment or other dealing with interests held under the former Act except for the purpose of converting the rights or interests in accordance with the regulations;
(c) extinguishing rights and interests granted under the former Act;
(d) providing for rights of appeal with respect to anything provided for in the regulations.
Division 4 Repealed 1998 c22 s22(52).
Division 5 Election Review
Election review in 1994
264 In 1994 the Minister and the General Council must review and make a report about
(a) the election process, system and legislation for the election of councillors, and
(b) the election system for officers of the General Council.
1990 cM-14.3 s264