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.

Resolving Disputes
 
Appealing to the Court

After the Board issues a Compensation Order, any party may appeal the Order to the Alberta Court of Queen’s Bench, pursuant to section 26 of the Surface Rights Act. The grounds of this appeal are limited to the amount of compensation payable and to whom it is payable. The party who is appealing must:

  • File a Notice of Appeal with the Court within 30 days after the date the party received the Order; and
  • Within 10 days of filing the Notice of Appeal, serve the Board and the other parties listed on the Order or their lawyers a copy of the Notice of Appeal.

An appeal to the Court shall be in the form of a new hearing. The Court of Queen’s Bench may either confirm the decision of the Board or direct that the Order be varied. The Court has discretion to order costs of the appeal.

A party is also entitled to appeal the judgment of the Alberta Court of Queen’s Bench to the Court of Appeal (see the Court’s website for the rules and practices applicable to appeals).

 

 

 
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