December 9, 2009
Streamlined Surface Rights Board improves dispute resolution process
Landowners, operators welcome mediated meeting format
Edmonton... A newly implemented pre-hearing dispute resolution program resulted in landowners and operators avoiding formal hearings while settling 94 per cent of disputes addressed by the Surface Rights Board in 2009.
The new program brings parties together to discuss their issues in front of a member of the Surface Rights Board trained in mediation. Feedback from both landowners and operators shows strong support for the highly successful discussion-based process, which has also resulted in significant dollar savings for Albertans.
The discussion-based process resolved 929 out of 989 matters addressed by the Surface Rights Board in 2009, or 94 per cent, without a hearing. Only 60 applications (six per cent) required a formal hearing and decision. Some matters were resolved outside of the dispute resolution meeting. These settlements often included other issues not yet filed with the Surface Rights Board, showing the positive impact of encouraging discussion-based dispute resolution.
“The Surface Rights Board plays a key role in resolving disputes,” said Sustainable Resource Development Minister Ted Morton. “The new dispute resolution process makes the board more efficient, cost-effective and responsive to its clients.”
“Simplifying our processes to allow more informal, flexible forms of board involvement helps the Surface Rights Board to provide better service to Albertans,” said chair Brian Gifford. “I believe these developments are changing the culture of surface rights disputes; moving away from adversarial hearings and promoting dispute resolution based on agreement between the parties."
The new process was made possible by regulatory changes introduced in 2008 and completed with proclamation of the Surface Rights Amendment Act on December 9.
The Surface Rights Board renders fair and timely decisions on operator access to private land, including appropriate landowner compensation. Companies require access for energy-related activities approved by the Energy Resources Conservation Board and the Alberta Utilities Commission. Dispute resolution is used to resolve an impasse in surface access negotiations between landowners and operators.
Resolving disputes outside of a hearing and other administrative efficiencies implemented by the Surface Rights Board helped save more than $250,000 in 2009, in addition to the uncalculated saving of landowners’ and operators’ personal time and cost to prepare for formal hearings.
The board’s savings contribute to the Government of Alberta’s clear plan for a strong economic recovery. The Way Forward will bring Alberta back into a surplus position in three years by trimming government spending; using cash reserves to protect key programs; continuing to invest in public infrastructure; and ensuring that our province's industries are competitive and continue to attract investment to provide jobs and prosperity.
Media inquiries may be directed to:
Brian Gifford
Chair, Surface Rights Board
780-427-2444
The Surface Rights Board (SRB) is a quasi-judicial board authorized under the Surface Rights Act to determine compensation related to energy activities.
Parties are encouraged to use mediation as the primary way to resolve disputes that come before the Board. Unlike a formal hearing, the parties have control over the outcome and are more likely to be satisfied with mediated results than with decisions imposed by the Board.
For more information regarding the Surface Rights Board Dispute Resolution Process please click
here or please call the Board's Office at 780-427-2444.