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Part of Application types

Surface rights – Review the rate of compensation

How to request a compensation rate review on a surface lease or right of entry order.

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Application types

Overview

The rate of compensation is the amount paid on an annual or other periodic basis on a surface lease or right of entry order.

5-year review

In 5-year intervals from the effective date of a surface lease or right of entry order, the rate of compensation payable may be reviewed.

The operator gives notice of a 5-year anniversary, but either party can request the review.

If either party indicates they wish to have the rate of compensation reviewed or fixed, the parties enter into negotiations in good faith.

Parties cannot apply before the 5-year anniversary date.

If the parties are unable to agree on a rate of compensation, the party desiring to have the rate of compensation reviewed or the compensation fixed may apply to the Tribunal.

During a 5-year review of the rate of compensation, the Tribunal may consider the following factors when determining compensation, according to clause 27(1)(d) of the Surface Rights Act:

  • 25(1)(c) the loss of use by the owner or occupant of the area granted to the operator
  • 25(1)(d) the adverse effect of the area granted to the operator on the remaining land of the owner or occupant and the nuisance, inconvenience and noise that might be caused by or arise from or in connection with the operations of the operator

Surface lease

If the parties agree on a new rate of compensation payable under a surface lease, the parties amend the surface lease to reflect the agreement.

Right of entry order

If the parties agree on a new rate of compensation payable for a right of entry order, they may fill out and submit a Request to Amend or Vary Order form to the Tribunal and an order may issue varying the rate of compensation to reflect the new amount.

Previous decisions

Previous decisions of the Tribunal (formerly Surface Rights Board) and the Courts may assist in understanding how the Tribunal may decide a particular matter.

Find more information on previous Tribunal decisions at Surface Rights Decisions.

Summary of application process

  1. The applicant completes a Rate of Compensation Review form for submission to Tribunal administration. Include the following with the application form:
    • a copy of the original lease or right of entry order and any amendments
    • a copy of the plan of the leased area and any amendments
    • information about notice given regarding the review such as:
      • copies of correspondence to and from the operator pertaining to the review
      • detailed information about when and how notice was given and if negotiations took place
    • any other material the applicant considers relevant
  2. Do not send Tribunal administration evidence supporting the rate of compensation you are requesting at this time. Evidence documents will be disclosed at a date decided upon at a Dispute Resolution Conference.
  3. Once the application is filed, a Dispute Resolution Conference will be scheduled by Tribunal administration or Tribunal administration may contact you for further information.
  4. If the parties do not reach a settlement, a hearing will be held and a Tribunal panel will make a binding decision.
  5. If an application is incomplete or does not meet requirements, Tribunal administration may refuse it or suspend processing. See the Surface Rights Rules for further information.

How to apply

Complete and submit Rate of Compensation Review form and documents noted in the above section to Tribunal administration (a separate form is required for each surface lease or right of entry order).

If you decide to have someone represent you and that person is not a lawyer or licensed land agent, complete the ‘Agent Information’ section on the application form If you obtain a representative after sending in your application form, complete and submit the  Appointment of Personal Representative form.

If the original document is a right of entry order rather than a surface lease, you may email Tribunal administration to request a copy of the order and any related amendments. In your email request, include as much information as possible, such as order number, order date and land description.

Resources

For more information on a compensation review, refer to the following:

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

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