Q: Can anyone represent me at the hearing?
You may hire a lawyer to represent you or a person other than a solicitor in accordance with Section 6 of the Surface Rights Act Rules of Procedure and Practice.
Note: All communication from the Board will be directed to the party to the proceeding and it is the responsibility of the party to provide copies of relevant communications or notices to their representative. Pursuant to Section 6 of the Surface Rights Act Rules of Procedure and Practice if a party to any proceedings before the Board wishes to appoint a person other than a solicitor to represent that party, an appointment acceptable to the Board must be submitted to the Board on or before the time fixed for the hearing to be held by the Board.
Q: Do I get reimbursed for any costs I incur?
Reasonable costs will be considered by the Board. Refer to Section 39 of the SRA
Q: How many Board Members sit a hearing?
Usually a panel of 3 Members (under special circumstances and with agreement from both sides one or two Members may conduct a hearing). Refer to Sections 9 and 10 of the SRA
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Q: Where will the hearing be held?
Please see Centralization of Hearing Locations to Standardized Facilities for more information.
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Q: What do I need to bring to the hearing?
Come prepared. You should bring anything that you think will assist the Board to determine compensation. You can bring pictures, or other relevant documentary evidence. You may wish to have an appraisal completed or another expert report to support your claim. You must bring 4 copies of all written material that you will be presenting at the hearing.
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Q: Do I need to submit my evidence to the Board or the other party prior to the hearing?
There are no formal rules for disclosure, however if you don’t disclose your written evidence to the other party in advance of the hearing they may request an adjournment to review your materials. All evidence is presented at the hearing. There is a risk of delay if you do not disclose your written evidence in advance.
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Q: What if I don’t like the Board’s Decision and award of compensation?
You have the right to appeal the Compensation Order. Section 26 of the SRA.
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Q: Who are the Board Members and what are their qualifications?
Members are appointed by an Order in Counsel. Section 3(2) of the Surface Rights Act.
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Q: Can anyone attend a hearing?
Yes, Surface Rights Board hearings are open to the public. However only those parties involved in the proceedings will be allowed to speak.
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Q: What if the landowner and company agree as to the amount of compensation to be paid – will there still be a compensation hearing?
In accordance with Section 5 of the Surface Rights Act Rules of Procedure and Practice, the Compensation Order Request form should be completed if the parties have reached a settlement with respect to compensation. The Board would then be able to issue a compensation order confirming the amounts agreed to without the need for an oral hearing.
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Q: Can I speak to one of the Board Members that will be sitting at my hearing?
No. You may, however, speak to the Solicitor of the Board, the Secretary or Assistant Secretaries to the Board or one of the Hearing Coordinators regarding your hearing.
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Q: What if I don’t attend the hearing?
If you choose not to attend, the hearing can proceed and a decision can be made in your absence Section 5 of the Surface Rights Act Rules of Procedure and Practice. The Board will accept written submissions on or before the date of the hearing if you will not be in attendance Section 4 of the Surface Rights Act Rules of Procedure and Practice.
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SRA referred to above = the Surface Rights Act