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.

Right of Entry
 
How to Apply to Terminate

Overview of Process

Right of entry orders remain in place until terminated by the Board. Any party to the order can apply to have the order terminated under section 28 of the Surface Rights Act if the site has been reclaimed, if the right of entry order has been replaced with a surface lease agreement, or if the operator never entered the land. In most cases, the Board requires the following to terminate a right of entry order

The request for termination must be made to the Board in writing, and:

  • If an operator submits a request, then a copy of the request must be given to each of the respondents named on the current Right of Entry Order.
  • If a respondent makes the request, then a copy of the request must be given to the operator as well as any other respondents named on the current Right of Entry Order.

Where the operator requesting the termination of the Board’s Right of Entry Order is not the same as the operator named on the Order:

  • The operator must provide a copy of any assignment, amalgamation or other documentation related to the name change showing how the operator changed, and give a copy of the request for termination to the operator currently named on the Board’s Order.

In order to consider the written termination request, the Board must also receive one, or sometimes more than one, of the following:

  • If the land involved has been reclaimed, the Board requires a copy of the Reclamation Certificate with plan attached. The reclaimed area must be outlined or coloured in yellow on the plan submitted to the Board. 
  • If the land covered by the Order is now covered by a private agreement, such as a Surface Lease, the Board requires a copy of the fully executed Surface Lease (pursuant to section 1(o) of the Surface Rights Act) with plan attached. The plan must be outlined in the appropriate colour as specified in the Surface Lease. If the land is owned by the Crown, then the Board requires a copy of the signed Application for the mineral Surface Lease (“MSL”), licence of occupation (“LOC”), or Pipeline Agreement (“PLA”) with the appropriate outlining on the plan as well as a copy of the executed Consent of Occupant if applicable.
  • If the operator never entered the land, the Board requires a letter in writing to that effect with copies sent to all respondents currently named on the Right of Entry Order.

Requests for Partial Termination

  • Giving notice of a partial termination request follows the same process as full termination requests.• Giving notice of a partial termination request follows the same process as full termination requests.
  • Usually the Right of Entry Order is defined by a plan. A request for partial termination must include a plan showing the area to be terminated outlined or coloured in yellow and the remainder outlined in red, except if the land retained is for a pipeline, power transmission line or telephone line, then it must be outlined in green.
 
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