Metis Settlements Subdivision Regulation

(Consolidated up to 58/2004) ALBERTA REGULATION 363/91 Metis Settlements Act METIS SETTLEMENTS SUBDIVISION REGULATION Table of Contents 1 Interpretation 2 Definition of subdivision 3 Effect of subdivision without approval 4 Registrar ’ s duty 5 Subdivision approving authority 6 Application for subdivision approval 7 Application requirements 8 Circulation of subdivision applications 9 Decision 10 Recording of condition 11 Notice of decision 12 Appeal of decision 13 Submitting plan of subdivision 14 Granting of subdivision approval 15 Coming into force Interpretation 1 (1) In this Regulation, (a) “parcel” means the land described in a Metis title register or a register for provisional Metis title, an allotment or a leasehold established under the Metis Settlements Land Registry Regulation (Alta. Reg. 361/91); (b) “plan of subdivision” means a plan prepared for the purpose of dividing a parcel; (c) “settlement legislation” means the Metis Settlements Act, the Metis Settlements Land Protection Act, the Metis Settlements Accord Implementation Act and regulations, by‑laws and General Council Policies made under them; (d) “subdivision approving authority” means the authority established under section 5. (2) The definitions in section 1 of the Metis Settlements Land Registry Regulation (Alta. Reg. 361/91) apply to this Regulation. AR 363/91 s1 Definition of subdivision 2 (1) For the purposes of the Metis Settlements Act, “subdivision” means, subject to subsection (2), the division of a parcel by (a) a plan of subdivision, or (b) the transfer of Metis title, provisional Metis title, an allotment or a leasehold. (2) A subdivision does not occur as the result of (a) the establishment of the first fee simple registers and Metis title registers under sections 7 and 8 of the Metis Settlements Land Registry Regulation (Alta. Reg. 361/91), (b) the granting of an interest under the Land Interests Conversion Regulation (Alta. Reg. 362/91), or (c) the transfer of an interest in part of a parcel of land for a term that, with any right of renewal, does not exceed 3 years. AR 363/91 s2 Effect of subdivision without approval 3 A subdivision, other than a subdivision permitted by section 105 of the Metis Settlements Act, is of no effect until subdivision approval is granted for the subdivision under section 14 of this Regulation. AR 363/91 s3 Registrar ’ s duty 4 In accordance with section 106 of the Metis Settlements Act, the Registrar must not accept a plan of subdivision for filing or any other document for recording that has the effect or may have the effect of subdividing land, unless (a) the subdivision is permitted by section 105 of the Metis Settlements Act, or (b) a subdivision approval is granted under section 14 and that approval is indicated on the plan of subdivision or other document effecting the subdivision. AR 363/91 s4 Subdivision approving authority 5 (1) Each of the following settlement councils is the subdivision approving authority for its respective settlement: (a) the settlement council for the Buffalo Lake Metis Settlement; (b) the settlement council for the East Prairie Metis Settlement; (c) the settlement council for the Elizabeth Metis Settlement; (d) the settlement council for the Fishing Lake Metis Settlement; (e) the settlement council for the Gift Lake Metis Settlement; (f) the settlement council for the Kikino Metis Settlement; (g) the settlement council for the Paddle Prairie Metis Settlement; (h) the settlement council for the Peavine Metis Settlement. (2) A settlement council that is a subdivision approving authority for a settlement may delegate the granting of subdivision approval in respect of that settlement to any person or other body. (3) Where (a) during the period of time that the Commissioner, as defined in the Metis Settlement Accord Implementation Act , was the subdivision approving authority a person made an application for approval to subdivide a parcel, but (b) before the subdivision approving process that was commenced by that application was concluded the Commissioner was replaced by a settlement council referred to in subsection (1) as the subdivision approving authority, that settlement council may, with respect to that application, continue and conclude that subdivision approving process. AR 363/91 s5;58/2004 Application for subdivision approval 6 Only the holder of Metis title in a parcel, or a person acting on the holder’s behalf, may apply to the subdivision approving authority for approval to subdivide the parcel. AR 363/91 s6 Application requirements 7 An application for subdivision approval must (a) describe the parcel proposed to be subdivided, (b) adequately describe the parcels proposed to be created, and (c) conform with any other requirements of the settlement legislation or that are established by the subdivision approving authority. AR 363/91 s7 Circulation of subdivision applications 8 The subdivision approving authority (a) must send the application for subdivision approval to the settlement in whose area the parcel is located, and (b) may circulate the application, or a notice of it, to any other agency or person that it considers appropriate. AR 363/91 s8 Decision 9 (1) The subdivision approving authority may (a) grant conditional subdivision approval, or (b) refuse the application for subdivision approval for any reason it considers sufficient. (2) The subdivision approving authority may conduct a hearing under such rules as the authority establishes before making a decision on an application. (3) Before granting a conditional subdivision approval, the subdivision approving authority must be satisfied that (a) the land to be subdivided is suitable for the intended purpose of the subdivision, and (b) the proposed subdivision is consistent with settlement legislation. (4) A conditional subdivision approval is subject to (a) the condition that the applicant submit to the subdivision approving authority within one year after the conditional subdivision approval becomes effective a plan of subdivision or other document, as specified by the subdivision approving authority, that will effect the subdivision, (b) any condition specified by the subdivision approving authority to ensure that the subdivision complies with settlement legislation, and (c) at the request of the settlement council in whose area the parcel is located, one or more of the following conditions specified by the subdivision approving authority: (i) that the applicant construct or pay for the construction of a public right of way needed for access to the parcel being subdivided; (ii) that the applicant install or pay for the installation of public utilities or other facilities needed to serve the parcel being subdivided; (iii) that the applicant pay an off-site levy imposed by settlement by-laws; (iv) that the applicant surrender a part of the parcel being subdivided to the settlement for community purposes. (5) A conditional subdivision approval does not take effect until (a) the time period for an appeal is over, or (b) if an appeal is made, until the appeal is finally concluded. AR 363/91 s9 Recording of condition 10 (1) A condition attached to a conditional subdivision approval under section 9(4)(c) is deemed to be an interest in land in favour of the settlement that requested it and may be recorded in the Metis Settlements Land Registry. (2) If a settlement has recorded a condition attached to a conditional subdivision approval under section 9(4)(c) and the condition has been complied with, the settlement council must request the Registrar to cancel the recording. AR 363/91 s10 Notice of decision 11 (1) The subdivision approving authority must give its decision under section 9 in writing to the applicant, the settlement in whose area the parcel is located and any other person the subdivision approving authority considers to be directly affected by the decision. (2) A notice of the decision of the subdivision approving authority must be posted in the settlement office and kept posted until the time period for appeal is over. AR 363/91 s11 Appeal of decision 12 (1) Any person directly affected by a decision of the subdivision approving authority under section 9 may appeal the decision by giving written reasons for the appeal to the Appeal Tribunal within 21 days of the date the decision is first posted in the settlement office. (2) On receipt of written reasons for an appeal, 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. (3) The Appeal Tribunal must make its decision in accordance with Part 7 of the Metis Settlements Act and has the same powers as the subdivision approving authority in making its decision. AR 363/91 s12 Submitting plan of subdivision 13 If the applicant does not submit the plan of subdivision or other document to the subdivision approving authority within one year after the conditional subdivision approval becomes effective, the conditional subdivision approval is void. AR 363/91 s13 Granting of subdivision approval 14 (1) A subdivision approving authority must grant subdivision approval to an applicant who was granted conditional subdivision approval if (a) the plan of subdivision or other document specified by the subdivision approving authority is submitted to the authority within one year after the conditional subdivision approval became effective, (b) the conditions imposed under section 9(4)(b) have been complied with or the subdivision approving authority is satisfied that they will be complied with, and (c) the conditions imposed under section 9(4)(c) have been complied with or the settlement council that requested the conditions is satisfied that they will be complied with. (2) If there is a dispute about whether conditions attached to a conditional subdivision approval have been or will be complied with, the matter may be referred to the Appeal Tribunal for a decision. (3) If subdivision approval is granted, the subdivision approving authority or a person designated by the authority must sign the plan of subdivision or other document effecting the subdivision and indicate that subdivision approval has been granted. AR 363/91 s14 Coming into force 15 This Regulation comes into force on November 1, 1991. AR 363/91 s15