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.

Recovery of Rentals
 
How to Apply

If an operator has not paid money payable under a surface lease, right of entry order or compensation order and the due date for payment has passed, the person entitled to the money may bring an application under section 36 of the Surface Rights Act. This application should include:

  1. An application form, which can be found on the Recovery of Rentals Forms page . Instructions for how to complete this form can be found at the bottom of this page. 
  2. A copy of the original right of entry document. This will be either a Surface Lease signed between the operator and landowner, a Consent of Occupant document, or a Right of Entry Order issued by the Surface Rights Board.
  3. A plan of the site. This is usually attached to the original right of entry document.
  4. A copy of any amendments made to the original right of entry document, including new plans, if applicable.
  5. Copies of any correspondence between the operator and the landowner that is relevant to the nonpayment for the involved site.
  6. A copy of last cheque stub received from the operator.

Once the application and the required documentation have been received, the Board may prepare a draft Statutory Declaration and send it to the applicant if the matter is straightforward. If the matter is more complicated, the applicant may need to prepare a unique statutory declaration. The applicant must have the Declaration sworn in the presence of a Commissioner for Oaths (or a Notary Public if outside of Alberta).

Note about repeat applications: If the Minister has previously made a payment under section 36 on a site, the person entitled would need to reapply to the Surface Rights Board, by submitting an application form for any subsequent non-payments after the date for payment has passed.  

 
Minimize Detailed instructions for filling out the application

New Applicant:

  • Select whether you are a new or returning applicant, if you are a returning applicant please note the most current applicable Board file number.

Applicant Information:

  • State the name(s), current mailing address and contact information of the person who is entitled to the compensation.

Legal Land Description:

  •  State the legal land description 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: NW ¼-13‐39‐25‐W4M (L.S. 6)

Crown as Titleholder:

  •  State the name(s) of the occupant(s).

Person(s) entitled to receive the annual compensation:

  •  State the name(s), of the persons entitled to receive the annual compensation if different from the titleholder(s).

Operator Information:

  •  State the name of operator who is responsible for making payments and last known contact information

Date of Original Agreement:

  •  You must provide the date of the original right of entry document (i.e. Surface Lease, Right of Entry Order, etc.).

Amount of annual compensation:

  •  Note the amount the operator is required to pay annually.

Dates of missed payments:

  •  Provide the date(s) that the payments were missed.

Is the site still producing?:

  •  State to the best of your knowledge whether or not the site is still producing.

Name of the Applicant who will swear the statutory Declaration:

  •  The Statutory Declaration must be sworn by the applicant (or one or both of the applicants depending on the situation) in the presence of a Commissioner for Oaths or a Notary Public. If there is more than one person entitled to receive the annual compensation, the Board would ask that you provide the name of the applicant that will be swearing the document in order that we may prepare the Statutory Declaration accordingly. (It is not necessary to provide the name of the Commissioner for Oaths or Notary Public on the application). 

Required Documents:

  • You must provide either the Surface lease (consent of occupant), Board Order with plan. 
  • Any Amendments to the Surface lease (consent of occupant) or Board Order.
  • Any correspondence with respect to the involved site
  • A copy of the most recent cheque stub received
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