Objections to right of entry order

Opportunity to object

After an application for a right of entry order is successfully filed with Tribunal administration, an operator must serve a copy of the application and the Schedule 2 Notice to all respondents named in the application.

The Schedule 2 Notice states that the right of entry order may issue 14 days from the date of service of the notice if there are no objections.

Before you object

Compensation

If an objection is entirely related to compensation, this is not the right time to object. If you choose not to object to the application for right of entry, this does not mean that you must accept the compensation offered by the operator.

The application process for a right of entry order is a completely separate process than determining compensation for that order. If the parties cannot agree on compensation, the Tribunal will hold compensation proceedings after it grants a right of entry order.

For more information, see Right of entry order – Compensation.

Location

The Tribunal does not decide where the activity is located, if it grants a right of entry order, the order must be in the location prescribed by the permit, licence or approval.

Legal information

The legal effect of the right of entry order is significant and outlined in the Surface Rights Act. Tribunal administration does not provide legal advice to stakeholders. The Tribunal’s expertise is the determination of compensation. You may wish to obtain legal counsel, or engage a representative who is knowledgeable about the issues involved to assist you.

If you choose to have someone represent you, and that person is not a lawyer or a licensed Land Agent, an Appointment of Personal Representative form must be completed and filed with Tribunal administration.

Court decisions

According to the court decision Mueller v. Montana Alberta Tie Line, 2011 ABQB 738 (CanLII), the right to enter is for all intents and purposes granted by the licensing agency (the Alberta Energy Regulator or Alberta Utilities Commission, for example).

If all the technical requirements of the Surface Rights Act and its Regulations have been complied with, there are very limited reasons for the Tribunal to refuse to grant right of entry.

See the full decision of the Mueller v. Montana Alberta Tie Line.

See also the court decision of Windrift Ranches Limited v. Alberta Surface Rights Board, 1986 ABCA 158 (CanLII).

Respondent objects

If a respondent decides to object to the right of entry application, the objection must be submitted in writing, including detailed reasons for the objection. The detailed reasons should address the Mueller decision.

Tribunal administration will provide all other parties named in the right of entry application an opportunity to make submissions in response to the objection. The application for right of entry along with any response submissions will then be given to a panel of the Tribunal to consider and make a decision. Oral hearings are rarely held for objections to right of entry applications.

Contact

Connect with the Land and Property Rights Tribunal:

Hours: 8:15 am – 4:30 pm (closed 12 pm to 1 pm)
Phone: 780-427-2444
Toll free: 310-0000 before the phone number (in Alberta)
Fax: 780-427-0986
Email: [email protected]

Address:
Land and Property Rights Tribunal
2nd Floor, Summerside Business Centre
1229 91 Street SW
Edmonton, Alberta  T6X 1E9