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.

Damages
 
How to Apply
To make an application for damages as per section 30 of the Surface Rights Act, complete the Request for Loss or Damages form. Please read below for instructions on how to complete the form. Along with the form, you must also include:

  1. A copy of the original document giving right of entry. This will either be a surface lease agreement between the parties or a Right of Entry Order from the Board.
  2. Any amendments made to that document.
  3. A plan of the site. This is usually attached to the surface lease agreement or Right of Entry Order.
  4. Copies of any relevant correspondence between the parties regarding the land or the damages.
  5. A completed Appointment of Personal Representative Form, if required.
 
Minimize Detailed instructions for completing the Damage Claim Application form

Section 1: Applicant Information

  • State the name, current mailing address and contact information of the applicant (the person who is asking for compensation).
  • 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.
  • 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.
  • 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 have an interest in this matter.
  • 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 in the form of Quarter‐Section‐Township‐Range‐Meridian. If there is a Legal Subdivision (L.S.) example: SW 1/4 – 32‐52‐24‐W4M (L.S. 6).
  • Certificate of title No: Give the certificate of title number that appears on the land title for the land example: No 123 456 789 +1.

Date of Damage

  • Select whether the damage occurred within the last two years and give the date. Please be as specific as possible. If the damage was continuous, give the last date that the damage occurred. If the damage is ongoing, identify the first date the damage occurred and advise that it is ongoing.
  • Subsection 30(2) of the Surface Rights Act requires that an applicant make a claim to the Board within two years from the last date that the alleged damage occurred.

Description of Damages

  • This section asks you to describe the details of the incident(s) in which the damage occurred and tell the Board how much you claim for each of them. There are 3 categories into which the damage might fall into. These categories are described in subsection 30(1) of the Surface Rights Act. You may claim in one, two, or all three categories on one form.
  • Please list all incidents of damage in the proper categories. You need only give a brief description of the damage for now; you will have time to explain what happened in more detail later.
  • Give the total amount claimed for each category, and the grand total claimed. It is important to note that the Board is limited in the amount of compensation that it may award. Clause 30(2)(c) of the Surface Rights Act states that if the damages being claimed are over the $25,000.00 limit, than the party must make an application to the Alberta Court of Queen’s Bench instead of the Board. The applicant may want to seek legal advice in order to evaluate the damages and to decide whether to apply to the Board or to the courts.

 

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