Land and Property Rights Tribunal Hearings for Alberta Landowners

If an energy or utility company wants access to your land, you may hear about the Land and Property Rights Tribunal. It is the body that used to be called the Surface Rights Board. Many landowners first meet it through a notice or application they did not expect.

This article explains what the Tribunal does, when it becomes involved, how a hearing generally works and what you can do if you disagree with a result. Your facts matter a great deal, so a lawyer can confirm how this applies to your land.

This article covers the law of Alberta.

What the Tribunal does

The Tribunal decides disputes between landowners or occupants and operators who want access to land. It can grant a right of entry order for activities such as pipelines, power or telephone lines, and mining or drilling. It also deals with compensation under the Surface Rights Act.

An operator is generally the person with the right to a mineral or the right to work it, or that person's agent. The term also covers certain pipeline, power line and telephone line holders.

When an operator needs an order

Under the Surface Rights Act, an operator may not enter the surface for specified purposes until it has the consent of the owner and the occupant, or an order of the Tribunal. Alberta's guidance says no operator has a right to enter until the owner or occupant gives consent.

If the operator cannot get consent, it must apply to the Tribunal. The application must include its most recent written offer and proof that the offer was refused.

A right of entry order covers a specified portion of land and may carry conditions the Tribunal panel considers appropriate. Unless the order says otherwise, it does not give the operator a certificate of title or the right to take sand, gravel or clay.

How a hearing works

Not every application leads to a hearing. The Tribunal may grant a right of entry order without one if the respondents file a consent letter, or if at least 14 days have passed since service of the notice and application. If there is an objection, it may hold a hearing.

That means the notice you receive matters. If you ignore it, an order may be granted without a hearing. If you object, you generally want to do so clearly and in writing so your concerns are on record.

• Read the notice and application carefully, including the operator's written offer.
• Note the date you were served, because the 14-day period runs from service.
• Collect evidence on your land's use, value and any damage or nuisance concerns.
• Ask what conditions might protect your land, since the panel may attach conditions.

Fees, prepayment and compensation

On freehold land only, the operator must pay a legislated entry fee before entering. It is the lesser of $5,000 or $500 per acre granted, with a minimum of $250 for land under one acre, payable per titled unit and in addition to compensation. The entry fee does not apply to Crown land.

The operator must also pay 80% of the compensation offered in its written offer for the first compensation year. It cannot enter until that is paid to the owner or occupant, or to the Tribunal. There are exceptions for certain gas distributors, certain rural electricity associations and local distribution system operators, and for orders made before July 4, 1983.

The Tribunal may consider market value between a willing seller and willing buyer, loss of use, adverse effect on the remaining land, nuisance, damage to the land and any other factors it considers proper. It may also award interest at the Bank of Canada rate.

Settling, appealing and getting paid

You do not have to wait for a decision. The parties can sign a surface lease agreement, including a right of way agreement or easement, to replace a right of entry order, then request termination of the order. They can also ask the Tribunal to confirm the agreement as an order.

The operator or any respondent named in a compensation order may appeal to the Court of King's Bench on the amount or the payee. Notice of appeal must be filed within 30 days of receiving the order.

If compensation under a surface lease goes unpaid, the Tribunal has enforcement powers. For that purpose, operator is defined more broadly and includes successors and agents.

What to do next

• Keep every notice, offer and letter, and record the dates you received them.
• Do not sign an agreement until you understand the compensation, conditions and rent review terms.
• Check whether rent review dates apply to your lease or order.
• Diarize the 30-day appeal period once you receive a compensation order.
• Speak with a lawyer before a hearing or before signing a surface lease.

Frequently asked questions