The Surface Rights Board is a quasi-judicial tribunal that grants right of entry and assists landowners/occupants and operators resolve disputes about compensation when operators require access to private land or occupied crown land to develop subsurface resources such as oil, gas, and coal or to build and operate pipelines and power transmission lines.

Compensation Review
 
Related Documents

For a more detailed overview of the Compensation Review Process, please see the...

Guide to Review of Annual Compensation

 
How to Apply

If the operator and landowner (or occupant) cannot agree on a rate of compensation by the end of the fourth year, whichever party wishes to have the rate of compensation reviewed or fixed may make an application to the Board pursuant to section 27 of the Surface Rights Act. The documents required to make this application include the following.

  1. An Application to Review the Rate of Compensation from the Surface Rights Board requesting a hearing to determine the new rate of compensation. On this form, the party making the application must indicate the amount of annual compensation currently being received and the amount of annual compensation being requested.
  2. A copy of the original lease or Right of Entry Order and copies of any amendments to it.
  3. A copy of the plan of the leased area (this should have been attached to the original lease or Right of Entry Order) and any amendments.  
  4. Either (a) Copies of correspondence to and from the operator pertaining to negotiations with regard to the review. Or (b) detailed information about when and how the negotiations took place.
  5. Any other material the party applying considers to be relevant.
 
Minimize Detailed instructions for completing the Application for Review of Compensation form

Section 1: Applicants 

  • State the name, current mailing address, contact information, and preferred method of contact for the applicant (the person who is requesting the review of the rate of compensation). If the person making the request is a corporation, give the corporation’s contact information and the name of the person speaking on behalf of the corporation.
  • Section 1(a) (if applicable): Give the name, current mailing address, contact information, and preferred method of contact for the person acting on behalf of the person making the application. If the representative is not a lawyer or licenced land agent, they may only represent the applicant after the applicant completes the Appointment of Personal Representative form. The personal representative form may be sent along with this one, but must be signed by the applicant.
  • Section 1(b) (if applicable): If the person making the application is not the landowner, give the landowner’s current name, current mailing address, and contact information to the best of your knowledge.

Section 2: Operator (if applicable):

  • If the application is not being made by the operator, include the operator’s name, current mailing address, and contact information to the best of your knowledge.
  • With respect to a Board Order if you believe that the operator has changed since the order was last amended (for example, the corporation running the site was bought by another corporation), give the contact information for the operator as it appears on the last order, and include the new corporation in Section 3 of the form. You may also want to inform the operator that they should apply to have the order amended to reflect the change.

Section 3: Other Parties (if applicable)

  • Give the name, current mailing address, and phone number of any other parties who could reasonably be expected to be affected by changes to the Board Order.
  • Other parties may include anyone with a caveat on the land, renters and other occupants of the land, new names of the operator corporation, and neighbours that have a legal interest in the lease.
  • If more space is needed, give the information for additional parties on a separate page.

Section 4: Lands

  • Legal land description: State the legal land description from the Board Order or Surface Lease in the form of Quarter‐Section‐Township‐Range‐Meridian. If there is a Legal Subdivision (L.S.) this must also be included in the land description. Example: SW 1/4 – 32‐52‐24‐W4M (L.S. 6).
  • Certificate of title No: Give the certificate of title number (if applicable) example: No 123 456 789 +1.

Section 5: Notice

  • As stated in Overview of the Process, operators shall give notice to the lessor or respondents about their right to ask for a review of compensation, and the parties must inform operators if they want such a review. Check the box or boxes that apply and give the dates that notice was sent.

Section 6: Information Regarding Dispute

  • Declaration: As stated in Overview of the Process, parties should attempt to reach an agreement through negotiation before applying to the Board. Check box to confirm that you did negotiate in good faith to find a resolution but the negotiations were unsuccessful. Note that subsection 27(6) of the Surface Rights Act specifically instructs parties to attempt negotiation before applying to the Board.
  • Issues where the parties disagree: Summarize the nature of the dispute. Explain what issues you have agreed on through negotiation and what issues you need the Board’s help resolving.

Section 7: Type of Activity

  • In a few words, say what kind of operation it is (eg, oil well, oil well & road, power transmission line, etc)

Section 8: Date of the Original Document

  • Give the date that the original Right of Entry Order was issued or the effective date of the surface lease agreement.  

Section 9: Dates of any amendments to Original Document/Plan (if known)

  • Give the dates of all amendments made to the Right of Entry Order or surface lease agreement.

Section 10: Effective Date of Review

  • Give the date when the review will officially take effect. This is usually a five-year interval of the date of the original Right of Entry Order or surface lease agreement from section 8, regardless of when the operator gave notice and how long negotiations took. However, the effective review date can sometimes change; see the Notice Guidelines for more information.

Section 11: Number of Acres Covered Under Document

  • Give the total land area that the operator has access to in the Right of Entry Order or surface lease agreement, as currently amended.

Section 12: Current Rate of Compensation

  • State the rate that the operator is currently paying.

Section 13: Amount of Compensation Requested by Applicant

  • State the rate of compensation you are asking the Board to award.
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