Q: I have discovered an old well site on my land and have never received any rental payments. What can I do?
You can make application under Section 36 of the Surface Rights Act.
Q: Where do I get an application forms to apply under s.36?
Click here for form or click here to request it from Surface Rights Board.
Q: I haven’t received annual rentals for many years. Will I be eligible for all the back rentals?
You can make the application to the Board and the Board has discretion and will review your request. You will need to explain why you have not applied sooner.
Q: Why do I have to file each year even if the operator is no longer active?
The Board has no way of knowing if you have received payment unless you tell them. The site could have been assigned to another operator, or reclaimed.
Q: Once my claim has been filed, how long does it take to process?
A new claim will take a minimum of 90 days. A repeat claim with the same operator may take less time because the notices to suspend and terminate the operator’s access may have already been issued.
Q: Can I refuse access to the site to the operator?
Section 36(8) of the Surface Rights Act gives the Board discretion to direct the Minister not to make any further payments if it considers that the applicant is refusing access for operations, abandonment or reclamation allowed by law.