MSAT - Metis Settlement Appeal Tribunal


 

Glossary

Allotment
Exclusive right to use Metis Settlement land for a period of no more than 10 years to operate a farm, ranch, or business.

Alternative Dispute Resolution (ADR)
Ways of resolving disputes without taking the issue to a hearing/court. Negotiation, mediation and arbitration are three common methods of alternative dispute resolution.

Appellant
The person(s) or organization who has made the appeal.

Arbitration
Parties involved in a dispute present their arguments to an arbitrator who makes a final, binding decision.

Arbitrator
A third person who receives statements and arguments of both parties and acts as the decision-maker.

By-law
A local law adopted by the Settlement (e.g.: land use by-law, leave of absence by-law). Settlement by-laws must by approved by Council and Settlement members before coming into effect. The Metis Settlements General Council also passes model by-laws that take effect on each Settlement unless the Settlement passes its own by-law on that matter (e.g. Timber Policy Model Timber By-Law).

Interest in Land
A right, or collection of rights, to enter, occupy, make improvements, or otherwise use land. The Metis Settlements General Council Land Policy creates three unique interests in land: Metis Title; Provisional Metis Title; and Allotment. Other interests in land include leases, life estates, easements, utility rights of way, and mineral project interests. Interests in Metis Settlement lands can be recorded or registered in the Metis Settlements Land Registry.

Mediation
Parties involved in a dispute resolve their differences and make their own agreement with the assistance of a mediator. The agreement is usually written as a final and binding contract.

Mediator
A neutral third person who assists the parties by promoting communication; helping to explain the issues and concerns; and searching for solutions.

MSLR or Metis Settlements Land Registry
The Metis Settlements Land Registry was set up to keep records and documents about interests in land held on Alberta's eight Metis Settlements. Any person may search the records of the Land Registry to find out who is the owner of a parcel of land and who holds other interests in that land.

MSGC or Metis Settlements General Council
The Metis Settlements General Council was set up by the Metis Settlements Act. It consists of the Councillors from all eight Metis Settlements.

Metis Title
The exclusive right to use and occupy Metis Settlement land, make improvements, transfer the Metis title, grant lesser interests as set out in the General Council Land Policy (section 2.10), and determine who receives the Metis title on the holder's death.

Policy
A written statement about action to be taken or basic rules to be followed. The Metis Settlement Act empowers the Metis Settlements General Council to make policies about a wide range of matters.

Probationary Membership
Membership approved for a stated probationary period, which cannot be longer than 2 years (Section 79(2)(d) of the Metis Settlements Act).

Provisional Metis Title (PMT)
The exclusive right to use and occupy Metis Settlement land for 5 years as long as you are making improvements required to obtain Metis Title. If Metis Title is not received after 5 years, but the Settlement finds that you are productively using the land and have made satisfactory progress on improvements, you can renew this grant for one more 5 year term.

Recorded Interest
An interest in land may be recorded in the Metis Settlements Land Registry. Generally, recording an interest gives that interest priority over interests recorded at a later date. Recording does not guarantee that the person recording it actually has a legal right to the interest. Interests are recorded instead of registered if a person does not have the documents needed to prove ownership or if the grant of the interest is subject to subdivision approval.

Registered Interest
An interest in land may be registered in the Metis Settlements Land Registry. A registered interest is a confirmed legal interest and the owner is protected from losing the interest.

Settlement Council
The Metis Settlements Act sets up a Settlement Council in each of the eight Metis Settlements. Each Settlement Council has five elected Councillors. Settlement Councils make decisions and by-laws for their Settlement area. In making decisions and by-laws, Settlement Councils must follow the Metis Settlements Act, General Council Policies, and other legislation.

Subdivision Approving Authority (SAA)
The Metis Settlements Subdivision Regulation names the Commissioner of the Metis Settlements Transition Commission as the Subdivision Approving Authority (SAA) for the Metis Settlements. The Commissioner may delegate this authority to Settlement Councils or to the Registrar of the Land Registry. All subdivisions must be approved by the Subdivision Approving Authority. Before subdivision is approved, a survey plan (legal survey or descriptive survey plan) must be prepared that shows the boundaries of the newly created parcels of land.