Termination Requests

The request for termination must be made to the Board in writing. 

Note:

• If the Operator submits the request then a copy of the request must be given to each of the Respondents currently named on the Board 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 Order.
  **Note: In cases where the Operator requesting the termination of the Board’s Order is not the same as the Operator named on the Order:
• Provide a copy of any assignment or amalgamation/name change documentation 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 request the Board must also receive the following (please note that in some cases more than one of the following may apply):

• 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.*
• In the event that the land covered by the Order is now covered by a private agreement, such as a lease, the Board requires a copy of the fully executed surface lease (pursuant to Sec. 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 MSL, LOC or PLA with the appropriate outlining on the plan as well as a copy of the executed Consent of Occupant if applicable.
• If the installation for which the Right of Entry was granted was never built and the land was never entered upon, the Board requires a letter in writing to that effect with copies being sent to all Respondents currently named on the Right of Entry Order.
  *Note: until a reclamation certificate has issued, the annual compensation is due and payable
  **If the annual compensation is NOT received by the owner/occupant, they may apply to the Surface Rights Board under Section 36 of the Surface Rights Act.

Requests for Partial Termination

• If a party to a Right of Entry Order desires to terminate a Right of Entry Order as to a portion of the area granted rather than all of the area granted the notice of the request for termination would be the same as for 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, it must be outlined in green. Unless the remaining area has the exact acreage stated on the plan, five copies of a new plan will have to be submitted to the Board with the proper acreage shown thereon.