Alberta Surface Rights Board

Procedures under Section 36 of the Surface Rights Act

If an operator has not paid money payable under a surface lease or right of entry order and the time for payment has passed, the person entitled to the money may bring an application under Section 36 of the Surface Rights Act.
Application forms may be obtained from the SRB

*Note: there are two application forms
1) standard application, and
2) pipeline damages not paid application
The following documents must accompany the application form:

a) copy of original agreement (i.e. Surface Lease, Consent of Occupant, Board order) including plan of site,
b) copy of any amendments to the original agreement,
c) any correspondence relevant to the non payment with respect to the involved site, and
d) copy of last cheque stub received
Once the application and the required documentation have been received, the Board will prepare a draft Statutory Declaration, which will include pertinent information provided by the applicant.
The Statutory Declaration will be sent to the applicant who must have the Declaration sworn in the presence of a Commissioner for Oaths (or a Notary Public if outside of Alberta).
A demand letter will be sent to the operator (an operator is broadly defined in Section 36(1) of the Surface Rights Act).
Upon receiving satisfactory evidence of non payment (application, supporting documentation, Statutory Declaration), the Board will send a written notice to the operator demanding full payment.
If the operator does not respond within 30 days, the Board will send a second notice and suspend the Operator’s right to enter the site.
If there is no response to the suspension order after 30 days, a final notice and Termination Order will be issued.
If the operator’s rights have been terminated and full payment still has not been made the Board may direct the Minister to pay out of the General Revenue Fund the amount of money to which the applicant is entitled.
At any stage of this process the Board would have discretion to hold a hearing if it was deemed appropriate.
If the Minister has previously made a payment under s.36 on a site, the person entitled would need to reapply to the Surface Rights Board, in writing, of any subsequent non-payments after the date for payment has passed.

Recovery of Rentals

Procedure