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.

Board Review | Request for Consideration
 
How to Apply for Reconsideration

Requests for reconsideration of Board Orders or Decisions may be granted pursuant to Section 29 of the Surface Rights Act. The request will not necessarily lead to a reconsideration of a Board Order or Decision. When deciding whether or not a Decision or Order will be reconsidered, the Board will bear in mind the criteria found in Rule 37 of the Surface Rights Board Rules. Please apply using the Request for Reconsideration form linked on the left of this page. If you run out of room on the form, complete your answers on another sheet.

 
Minimize Detailed instructions for completing the Application for Review of Compensation form

Section 1: Applicant Information

  • State the name, current mailing address and contact information of the applicant (the person who is requesting the reconsideration).

Section 2: Representative Information (if applicable)

  • State the name, current mailing address and contact information of the applicant’s representative. . 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 3: Decision/Order No. Requested to be Reconsidered

  • State the Board decision number or order number which the applicant is requesting be reconsidered. Recent Board Orders are in the format “0123/2013” and older Orders are in the format “123/63”. Decisions are in the format “2013/0123”
  • State the Date on which the Board Decision or Order was granted. The date should be stated in the decision or order.

Section 4: Issue(s) in the Decision/Order to be Reconsidered:

  • State the issue or issues in the decision or order that you request to be reconsidered.
  • Note: It may be all or only part of the decision or order to which the applicant wishes the Board to reconsider. It must be made clear exactly on what issues the reconsideration request is being made.

Section 5: Reasons for Request of Reconsideration:

  • State the reasons for which the request for reconsideration is being made.
  • Note: The Surface Rights Board Rules outline when a request for reconsideration will be granted. The request may be granted in defined circumstances and the stated reasons for the request should correspond to the situations outlined in the Rules in which reconsideration will be granted. These include: 
      1. Pursuant to Rule 37(5)(a): where the decision shows an obvious and important error of law or jurisdiction;
      2. Pursuant to Rule 37(5)(b): where the decision shows an important error of fact, or an error of mixed fact and law, in the decision that affects the decision;  
      3. Pursuant to Rule 37(5)(c): where the decision was based on a process that was obviously unfair or unjust;
      4. Pursuant to Rule 37(6): where the panel is satisfied that the decision is inconsistent with an earlier Board decision, any binding judicial authority, some other provision of relevant legislation or, the Rules or Regulations.          
      5. Pursuant to Rule 37(7): where the panel is satisfied there was evidence at the time of the hearing that was not presented because it was unavailable to the party asking for reconsideration and which is likely to make a substantial difference to the outcome of the decision. Note: There must be a valid reason that such evidence was not attainable to the party prior to the hearing.     

Section 6: Adverse Effect or Damage of the Decision/Order on the applicant
  • Give a brief explanation of how the party is adversely (negatively) affected by the decision or order and/or the damages that have or will result from the decision/order.

Section 7: Remedy Sought 

  • Explain what remedy you want the Board to give. This could include (among other things):
        1. Rescinding a decision or order in its entirety;
        2. replacing a decision or order;
        3. amending a portion of the decision or order;
        4. rehearing the application.
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