APPLICATION FOR RIGHT OF ENTRY ORDER TO ELLAP - EXPLANATORY NOTE

1. Right of entry proceeding commences with the filing of an application under section 115(1) or 115(3) of the Metis Settlements Act.  An application must be filed using either
• Application for Right of Entry Order - ELLAP. ELLAP deals with surface access issues involving existing mineral lease holders.  An existing mineral lease holder is a resource company that holds a mineral lease granted by the provincial government before November 1, 1990 (when the Metis Settlements legislation came into effect), or
• Application for Right of Entry Order - LAP.  LAP deals with mineral leases granted after November 1, 1990.
2. The application must be accompanied by
• Land Search Reports—no more than 30 days old—from the Metis Settlements Land Registry for all the affected parcels;
• Proof of right to minerals,
• a copy of Mineral Lease Agreement or
• a Mineral Agreement Search from Land Status Automated System (LSAS), Alberta Energy, and
• if applicant is not the holder of the mineral lease, proof of authorization;
• Notice/Consent
• proof of service of the notice and consent forms, and
• copies of signed consents if available; and
• Settlement Development Plans where applicable, and confirmation that development is consistent with the Settlement Plan.
3. Where an application for a right of entry order pertains to a:
• well site, the application must be accompanied by a copy of the well license with respect to the well issued by the Energy Resources Conservation Board pursuant to the Oil and Gas Conservation Act;
• production facility, the application must be accompanied by a copy of the approval for construction and operation issued by the Energy Resources Conservation Board under the
  Oil and Gas Conservation Act; or
• pipeline, power transmission line or telephone line, the application must be accompanied by a copy of the permit issued by the Energy Resources Conservation Board under the Pipeline Act, the approval granted by Energy Resources Conservation Board under the Hydro and Electric Energy Act, or the certificate of approval issued by the Minister responsible under section 31 of the Water, Gas, and Electric Companies Act.
  
4. An existing mineral lease holder who has a right of entry order but requires additional land, may make a new application for right of entry order with respect to the additional land. Before granting any right of entry order, ELLAP may require the existing mineral lease holder or operator to submit any additional information not contained in the application that the Panel considers necessary.
5. Plans and Surveys
• There shall be attached to each copy of the application for the right of entry order, a copy of the plan or plans which shall, in regard to the land in question be accordance with the requirements as set out in “Content Requirements for Plans and Surveys” (see last page) and section 86(2) and (3) of the Metis Settlements Land Registry Regulation:
• A plan of survey must
• illustrate and represent the survey as made on the ground in accordance with the Surveys Act;
• be prepared
• to the satisfaction of the Registrar, so that it contains the information and details that the Registrar considers appropriate, and
• on a medium or material approved by the Registrar;
• state the purpose of the survey;
• be certified by the Alberta land surveyor who carried out the survey illustrated on the plan of survey.
• The illustration of a survey must include
• the position and nature of all survey monuments found and placed in the course of the survey,
• subject to subsection (4), the original boundary lines of any parcel of land affected by the survey and any boundary line established by the survey, and
• a sufficient number of measurements,
as are necessary to enable the position of the parcels established by the survey to be located on the ground.
• Where an application for a right of entry order has more than 1 plan attached, the application shall refer to each plan by letter or number and the plans shall be identified by the corresponding letter or number.
• With each application for a right of entry order there shall be submitted 2 copies for MSAT files, 1 for the Metis Settlements Land Registry, 1 for each occupant and 1 for each Existing Mineral Lease Holder.
6. All right of entry orders must be recorded in the Metis Settlements Land Registry.  Upon issuing an order, the Metis Settlements Appeal Tribunal will forward all orders to Land Registry for recording.
7. ELLAP will also notify every occupant of the parcels affected by the order of the date, time and place at which it will hear representations about who should receive compensation and how much should be paid.