MSAT - Metis Settlement Appeal Tribunal


 

Existing Leases Land Access Panel (ELLAP)

Background

This panel is a part of the Metis Settlements Appeal Tribunal. It is created and governed by ss. 187(1)-(4) and Part 4 Division 7 of the Metis Settlements Act.

History

Previous to 1990, the Surface Rights Board (SRB) issued any right of entry orders (REOs) required by oil companies. When the Metis Settlements Act was proclaimed in 1990, ELLAP and LAP (Land Access Panel) were given the role of the SRB on the Settlements.

Powers

ELLAP only 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).

ELLAP can issue REOs to grant access to Settlement land to existing mineral lease holders (people who possess mineral leases purchased before 1990) who require new or additional access. An application is made when the existing mineral lease holder cannot obtain the consent of the occupants.

In the course of granting the REO, ELLAP also determines the amount of compensation required to be paid to the occupants.

Relationship with the Land Access Panel (LAP)

While ELLAP issues new REOs and corresponding compensation orders to existing mineral lease holders, LAP issues new REOs to operators who have acquired a mineral lease granted after November 1, 1990. LAP also has the ability to amend and terminate all orders previously issued by SRB, LAP or ELLAP.

Appeals

Anyone affected by the decision of ELLAP can appeal to the Court of Appeal on point of law or jurisdiction.

ELLAP Members

The Chair is jointly appointed by agreement of the Minister responsible for resource development and the Metis Settlements General Council.

  • Wayne G. Carter – Chair
    President and Chief Executive Officer of Lamplighter Energy Ltd. since June 2000; Consulting Landman; President of Lenyoran Enterprises Ltd., a private company; a director of Hampton Court Resources Inc., a public oil, gas, and mining company listed on the TSXV; past President of the Canadian Association of Petroleum Landmen. Wayne has been the Chair of ELLAP since 1990.
One ELLAP member is appointed by agreement of the Canadian Petroleum Association, the Independent Petroleum Association of Canada, the Small Explorers and Producers Association of Canada and the Canadian Association of Landmen.
  • Ashley Craib –Member

One ELLAP member is appointed by the Minister of Energy.

  • David Coombs

Two ELLAP members are appointed by the Metis Settlements General Council.

  • Mervin Bellerose – Member
    Mervin is a resident member of the Paddle Prairie Metis Settlement.
  • Jeanette Calliou - Member
    Jeanette is a resident member of the Fishing Lake Metis Settlement.