Request to review a decision or order

Overview

Pursuant to the Surface Rights Act, the Tribunal may hear requests for review of Tribunal orders and decisions. The request will not necessarily lead to a review of a Tribunal decision or order.

How to apply

Step 1. Party seeking review submits an application

To apply, submit a completed Request for Review of Decision or Order form.

If you run out of room on the form, complete your answers on another sheet and attach it to the form.

Applications to review a decision or order must meet the submission deadlines. Refer to Rule 37 of the Surface Rights Rules for deadline details. The Tribunal panel adheres to the criteria found in Rule 37 when deciding whether to review a decision or order.

Step 2. All parties make submissions about whether the basic requirements for review have been met

All parties are given a chance to make representations on whether the basic requirements for review under Rule 37 have been met.

Basic requirements include:

1.  the decision or order shows an obvious and important error of law or jurisdiction
2.  the decision or order shows an important error of fact, or an error of mixed fact and law, in the decision or order that affects the decision or order
3.  the decision or order was based on a process that was obviously unfair or unjust
4.  the decision or order is inconsistent with an earlier Tribunal decision or order, binding judicial authority, or provision of the relevant legislation, regulation, or rules
5.  there was evidence at the time of the hearing that was not presented because it was unavailable to the party asking for review, and which is likely to make a substantial difference to the outcome of the decision or order

Step 3. Tribunal panel decides what actions to take next if basic requirements are met

The initial decision made is whether the decision or order will be reviewed. The decision or order will only be reviewed if the threshold requirements for review, as outlined in the Surface Rights Rules, are met. If the basic requirements are not met, a decision of the Tribunal panel will issue advising that the decision or order will not be reviewed.

If the request for review meets the basic requirements described in Rule 37 of the Surface Rights Rules, the matter may be reviewed. The decision or order may be reviewed based upon the evidence provided during the initial hearing (whether this hearing was oral or written). In appropriate circumstances, the Tribunal panel may request additional submissions from the parties or hold a new hearing.

Past decisions of the Tribunal and the Courts may be of assistance when attempting to understand how the Tribunal may decide a particular matter.

For more information, see Surface Rights decisions.

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