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
Repeat Applications

If the Operator continues to miss payments for a site after the Board has directed payment, you may apply to the Surface Rights Board again for each year of unpaid rentals. After the first year, you can use our streamlined process if you meet all of these requirements: 

  1. You have previously applied to the Board to recover unpaid rentals and have been paid by the Minister.
  2. This previous payment was paid to the same person(s) as your current application. You might also be able to use this streamlined process if a joint landowner has been removed from the land title but the remaining applicants are the same.
  3. The payment was for the same site.
  4. The site is still licenced to the same operator.
  5. The site is still covered by the same surface lease agreement or Board Order.
  6. A Termination Order is still in place.

If you meet all of these requirements, follow the instructions below. If you do not meet these requirements, follow the instructions for a new application.

If there have been any amendments made to the surface lease agreement since your last application for recovery of rentals, include a copy of those amendments. If there is any correspondence with the operator, include a copy of this correspondence. If you have any new cheque stubs from the operator for this site, include a copy of these.

In addition to the application form, you may also provide the Board with submissions (written arguments) to explain unusual circumstances to the Board member.

To avoid unnecessary delay, it is important that you complete your application fully and correctly. If there are mistakes in your application, Board administration might have to return it to you (rule 15 of the Surface Rights Board Rules).


Filling out the repeat application form

Find a copy of the application form on our forms page under “Recovery of Rental”.
Minimize Part 1: Applicant

Write the name, mailing address, and other contact information of the person who is entitled to the compensation.

If more than one person is entitled to a portion of the compensation, name one of them here. The others all must sign the confirmation in Part 4. If more than two people are entitled to the rentals, you may use a second form.

If you are applying on behalf of a corporation, the person applying should be someone who is aware of the corporation’s finances and can swear that the money was not paid.

Including your email address may help expedite the process.

Minimize Part 2: Location and Date of Lease
  1. Land location: Write the legal land description for the quarter or lot that the site is in. Include the surface legal subdivision (L.S.) that the site is in, if available.
  2. Is the Operator’s equipment or fencing still on the site?: Check “yes” if there is something preventing you from using the leased area. This might include any of the following:
    1. the leased area is fenced from the rest of your land;
    2. the well or other infrastructure is still in place;
    3. the operator is using the leased area for storage or dumping;
    4. the equipment and fencing are gone but the condition of the soil is so poor that you cannot realistically try to farm over it.
  3. If you check “no”, the Board may ask for additional information about how you are using the land if you have not already answered that question during a previous application for recovery of rentals.
  4. Date of original agreement: Write the date of the original surface lease agreement, consent of occupant agreement, or Board Order.
  5. Current compensation rate: Write the amount of compensation the operator is required to pay annually.
Minimize Part 3: Payment Information

Give the due dates of each year that was unpaid and the amount due for each year. The due date is usually on the anniversary of the agreement. If you are applying to recover unpaid money for something other than annual rentals, please explain in the comments section.

Minimize Part 4: Confirmation of Information

Everyone entitled to receive a portion of the money must carefully review the information and, if they agree, sign the confirmation.

Please note: a representative cannot sign the document on behalf of the persons entitled to the money.

What happens next?

On receiving the required documentation, the application will go before a panel of the Board for review. If the panel approves the application, it will direct the Minister to pay you out of the Government of Alberta’s General Revenue Fund. Usually, the Board directs the Minister to pay the full amount owing, but the Board has authority to direct the Minister to pay a lower amount.

The amount paid by the Minister and any expenses incurred in collecting the debt becomes a debt owed by the operator to the Crown in accordance with section 36(9)(a) of the Act. An operator wanting to repay this debt should contact Crown Debt Collections at 780-644-1704.

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