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.

Overview of Process

Pursuant to section 29 of the Surface Rights Act, the Board may hear requests for reconsideration of Board Orders and Decisions. For the application form, see Forms. The request will not necessarily lead to a reconsideration of a Board Decision or Order.

Minimize 1. Party seeking reconsideration submits an application.

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

Minimize 2. All parties make submissions about whether the basic requirements for reconsideration have been met

All parties will be given a chance to make representations on whether the basic requirements for reconsideration under Rule 37 have been met. These basic requirements are:

  1. The decision shows an important error of law, error of jurisdiction, error of fact, or error of mixed fact and law; or
  2. The decision was based on a process that was obviously unfair or unjust; or
  3. The decision is inconsistent with earlier decisions or laws; or
  4. There was evidence at the time of the hearing that was unavailable to the party and will likely make a substantial difference to the outcome of the decision.
Minimize 3. If the basic requirements are met, the Board decides what actions to take next

The initial decision made is whether or not the decision or order will be reconsidered. The decision or order will only be reconsidered if the threshold requirements for reconsideration, as outlined in the Surface Rights Board Rules, are met. If the threshold requirements are not met the decision or order will not be reconsidered and a decision of the Board will be issued accordingly. 

Should the request for reconsideration meet the threshold as described in Rules 37–39 of the Surface Rights Board Rules, the matter may be reconsidered. The application may be reconsidered based upon the evidence provided during the initial hearing (whether this hearing was oral or written). In appropriate circumstances, the Board may request additional submissions from the parties or hold a new hearing.

Past decisions of the Board and the Courts may be of assistance when attempting to understand how the Board may decide a particular matter. Please refer to Decisions.

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