Metis Settlements Land Registry

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Types of Legislation

Metis Settlements Act
Metis Settlements General Council Land Policy
Metis Settlements Land Registry Reg (MSA-Part 4, Div. 2,)
Settlement By-laws
Land Conversion Regulation
Subdivision Regulation
Types of Land Interests

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Metis Settlement General Council Land Policy
Authority

Under section 99 of the Metis Settlements Act, right or interest in settlement lands may only exist if it is defined in a statute, General Council Policy or settlement by-law passed in accordance with a General Council Policy.

Purpose

The Land Policy defines the kinds of interests that may exist in settlement lands and how these interests may be acquired, transferred or terminated.

Provisions

  1. The policy creates a Metis title interest in each parcel of land in the settlements. The Metis title interest may only be held by a member or the settlement.
  2. Defines the terms and conditions under which a member can acquire, hold, transfer and lose a provisional Metis title, allotment or lease interests in lands which the settlement holds under a Metis title.
  3. Enables non-members to acquire and hold certain types of interests in settlement lands.
  4. Enables the settlement council to force a member to sell or subdivide the member's interest if the land is not used in accordance with settlement by-laws.
  5. Establishes the right to appeal a settlement council land related decision to the Metis Settlements Appeal Tribunal.
  6. Provided for a member to specify who will obtain his interest in land upon his death. The member can complete an estate instruction form and send it to the Registrar for safekeeping.

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Metis Settlements Land Registry Regulation

Authority

Section 102 of the Metis Settlements Act enables the Minister to make of the Metis Settlements Act enables the Minister to make regulations regulations respecting the establishment and operation of the Metis Settlements Land Registry and a system for the registration of interests in land.

Purpose

To secure interests in land by providing a place where these interests can be noted and the documents that grant or transfer the interests can be kept and protected.

Provisions

  1. Provides for an interest transaction to be either recorded or registered. Recording confers priority while registration confirms ownership.
  2. Describes the structure of the registers in which information about interests is kept.
  3. Provides for a person who loses an interest in land, through error in the operation of the registry, to be compensated.
  4. Sets out the conditions and authority for making, revising or terminating an entry in the registers.
  5. Provides for the registration of such interests as easements, utility right of ways, and encroachment agreements.
  6. Empowers the Registrar to prescribe forms and land description standards.

------------------------------------------------------------------------------- Land Interest Conversion Regulation

Authority Under section 262 of the Metis Settlements Act the Minister may make regulations respecting the conversion of rights and interests held by members under the former Act to the rights and interests established under the Metis Settlements Act.

Purpose

To enable the Settlements to confirm the interests that were granted under the former Act and give members a land interest that is in keeping with their use of land.

Provisions

  1. Gives a member the right to apply to the settlement council to convert their existing land interests. The member may appeal to the Appeal Tribunal if the settlement council does not consider the application within 90 days, rejects the application, or grants the member an interest that is less than what he applied for.
  2. Sets out the conditions a member must meet to qualify for certain types of land interests.
  3. Sets out a process for the preparation and authorization of a plan of a parcel that is affected by two or more allocations.
  4. Provides for the termination of the interests that have not been converted by June 30, 1995.

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Subdivision Regulation

Authority

Under section 107 of the Metis Settlements Act the Minister may make regulations prohibiting or controlling and regulating the subdivision of settlement lands.

Purpose

To establish a process and authority which will enable the Registrar to register an interest in a portion of a parcel of land or to create two or more Metis titles for a subdivided parcel.

Provisions

  1. Provides for the holder of the Metis title interest to apply to subdivide the parcel.
  2. Identifies the organization that has authority to approve subdivisions.
  3. Provides for the right to appeal the decision of this authority.
  4. Provides for the imposition of conditions on the subdivision of land, including the provision of roads and services.

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TYPES OF LAND INTERESTS

FEE SIMPLE
Under section 99 the Metis Settlements Act the Metis Settlements General Council maintains the 'fee simple' interest in all settlement lands.

METIS TITLE
The Metis title interest is created in the General Council Land Policy (Part 2, 2.2), the Metis title is held by the settlement for all the parcels of land unless it is registered in the name of a settlement member.

PROVISIONAL METIS TITLE
An interest granted to members to use the land and make improvements to the extent needed to obtain a Metis title.

ALLOCATION
This is a type of interest granted to settlement members under the former Metis Betterment Act. These are an overriding interest that may only be surrendered or converted to a new type of interest under the Land Interests Conversion Regulation.

ALLOTMENT
A special type of leasehold interest. Only the settlement or a settlement member can hold an allotment. Usually granted to members to operate a farm, ranch or business and can be upgraded to a Metis title upon improvements of the land and approval from the settlement council.

EASEMENT
A right given to the holder of one parcel to use a portion of a neighboring parcel for things such as an access road.

LEASE
A contract granted by the settlement or the member that holds a Metis title that allows the lessee to use an area of land for a specified period of time.

What happens to my land when I die?
A title holder can file Estate Instructions to the Land Registry and when the title holder dies, the Estate Instructions will come into effect and the person on the list will apply to the settlement council to get the land. If a title holder did not file the Estate Instructions, the settlement council becomes the Land Trustee and the heirs of the title holder may apply to the council for the deceased interest holders title