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.

Settlement Agreement
 
Related Documents
 
How to Apply to Vary a Board Compensation Order

If parties have agreed on an annual rate of compensation and want the Board to vary their existing Board Compensation Order to set the new rate, either party can apply to have the order varied by completing the Vary the Rate of Compensation form attaching a copy of the executed agreement. Please read below for additional instructions.

 
Minimize Additional Instructions

Section 1: Applicant Information

  • State the name, current mailing address and contract information of the person who is requesting the variation in compensation.

Section 2: Operator Information

  • State the name, current mailing address and contact information of the operator who is currently paying compensation. (This information only needs to be provided if the different than the applicant requesting the variation).
  • Note: If the applicant requesting the variation is the operator and they are not the operator listed on the Board Order, then an Application for Operator Amendment must be submitted together with this application. See How to Apply to Amend Operator for more information.

Section 3: Board Order and amount(s) to be varied

  • State the Surface Rights Board Order (or Public Utilities Board Order) Number which is to be varied. Board Orders are in the format “0123/2013”, or for older Orders, “123/63”
  • State the respondent(s) receiving Compensation
  • Note: Where the party to the varying rate agreement who is to receive compensation is not shown as a respondent on the Board Order then there must be a request by the applicant to amend the Board Order. This is done by completing Section 5, see below.
  • State the Compensation that is currently being paid pursuant to the Board Order.
  • State the Compensation rate that is being requested.
  • State the Effective Date. This is the date on which the requested rate of compensation is to begin being paid.

Section 4: Required Documents

  • You must provide a Copy of a properly executed agreement to vary compensation between the operator and the respondent(s) to whom compensation is payable. This agreement must include the new compensation amount and the effective date when the new compensation amount will begin being paid.
  • You must provide a copy of a Certificate of Title or Crown search to the land

Section 5: Amendment to the Respondent

  • Note: This section only needs to be completed where the party to the varying rate agreement who is the recipient of compensation is not listed as a respondent on the Board Order. The result of this amendment will be to add this person as a respondent on the Board Order and to direct that compensation is payable to them.
  • State the Board Order No. that is to be amended
  • State the name, current mailing address and contact information of the party to the varying rate agreement that is to be added as a respondent.
  • If the person to be added as a respondent is a registered owner of the lands only a Certificate of Title must be provided.
  • If the person to be added as a respondent is not a registered owner of the lands then additional documentation must be provided as evidence that the person is entitled to compensation. Such additional documentation could include letters of assignment or probated wills, among other things.

Note: The Board requires 100% accuracy in order to take any action on the request. If there is any deficiency in the information or documentation submitted the request will be rejected and returned along with all submitted material.

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