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AR 195/2007 SURFACE RIGHTS ACT GENERAL REGULATION

(Consolidated up to 169/2019)

ALBERTA REGULATION 195/2007

Surface Rights Act

SURFACE RIGHTS ACT GENERAL REGULATION

Table of Contents

                1       Definition

                2       Application for right of entry order

                3       Land other than Crown land

                4       Crown land


                5       Additional approvals and permits

                6       Plan required with application

                9       More than one plan

              12       Local distribution system

              14       Forms

              15       Repeal

              16       Expiry

                         Schedules

Definition

1   For the purpose of section 27(3) of the Act, “major power transmission line structures” means any structures which are part of a transmission line, as defined in the Hydro and Electric Energy Act, that

                                 (a)    transmits electric energy in bulk from generating plants to major substations, and

                                 (b)    is classified by the Alberta Utilities Commission as a 69 kilovolt transmission line or larger, and

are situated on agricultural land.

AR 195/2007 s1;254/2007

Application for right of entry order

2   An application for a right of entry order must be in the form shown in Schedule 1.

Land other than Crown land

3   Where an application for a right of entry order pertains to land other than Crown land, the application must be accompanied by a  certified copy of the certificate of title for the land.

Crown land

4   Where an application for a right of entry order pertains to Crown land, the application must be accompanied by

                                 (a)    a search from the department or other body charged with administering the land, and

                                 (b)    if there is a certificate of title for the land, a certified copy of the certificate of title.

Additional approvals and permits

5(1)  Where an application for a right of entry order pertains to a well site, the application must be accompanied by a copy of the well licence issued with respect to the well by the Alberta Energy Regulator under the Oil and Gas Conservation Act.

(2)  Where an application for a right of entry order pertains to a battery site, the application must be accompanied by a copy of the approval for construction and operation issued by the Alberta Energy Regulator under the Oil and Gas Conservation Rules (AR 151/71).

(3)  Where an application for a right of entry order pertains to a pipeline, the application must be accompanied by a copy of the licence or permit granted by the Alberta Energy Regulator or the Alberta Utilities Commission, as the case may be, under the Pipeline Act.

(4)  Where an application for a right of entry order pertains to a power transmission line, the application must be accompanied by a copy of the approval granted by the Alberta Utilities Commission under the Hydro and Electric Energy Act.

(5)  Where an application for a right of entry order pertains to a telephone line, the application must be accompanied by a copy of the certificate of approval granted by the Minister under section 31 of the Water, Gas and Electric Companies Act.

(6)  Where an application for a right of entry order pertains to a coal mine, the application must be accompanied by a copy of the licence granted by the Alberta Energy Regulator under the Coal Conservation Act.

AR 195/2007 s5;254/2007;188/2010;89/2013

Plan required with application

6(1)  An application for a right of entry order must be accompanied by a plan of survey prepared by an Alberta land surveyor and affixed with the surveyor’s signature or stamp.

(2)  The plan must show the location, dimensions and acreage of the land required coloured or outlined in red.

(3)  Notwithstanding subsection (2), where the land required is for a pipeline, power transmission line or telephone line, the location, dimensions and acreage of the land must be coloured or outlined in green.

AR 195/2007 s6;188/2010;169/2019

7 and 8   Repealed AR 188/2010 s4.

More than one plan

9   Where an application for a right of entry order has more than one plan attached, the application must refer to each plan by letter or number and the plans must be identified by the corresponding letter or number.

10   Repealed AR 188/2010 s4.

11   Repealed AR 169/2019 s3.

Local distribution system

12(1)  For the purposes of this section, “local distribution system” means a rural electric distribution system or a rural telephone distribution system.

(2)  An operator of a local distribution system is hereby exempted from the requirements of sections 19 and 20 of the Act with respect to the operator’s operations in connection with the local distribution system.

13   Repealed AR 188/2010 s6.

Forms

14(1)  A notice under section 15(4) of the Act must be in the form shown in Schedule 2.

(2)  A letter of consent under section 15(4) of the Act must be in the form shown in Schedule 3.

Repeal

15   The Definition Regulation (AR 60/2003) is repealed.

Expiry

16   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on November 30, 2024.

AR 195/2007 s16;188/2010;186/2015;238/2017;169/2019


Schedule 1

Surface Rights Act
(Section 15)

APPLICATION FOR RIGHT OF ENTRY

1   Land Description:    (Insert short legal land description, including Certificate of Title number, if applicable)   

2   Applicant:    (Insert name as it appears on the approval, permit or licence)   

3   Respondents:

                                 (a)    Owner(s), whether or not a certificate of title to the land is issued under the Land Titles Act:

Name (as stated on the Certificate of Title, or in the case of Crown land, the Crown or other body administering the land):

Address (as stated on the Certificate of Title, or in the case of Crown land, the address of the Deputy Minister under section 40(3) of the Surface Rights Act):

Other Address(es)
(if applicable):

                                 (b)    Occupant(s) other than the owner who is (are) in actual possession of the land:

Name:

Address:

                                 (c)    Occupant(s) on a certificate of title under the Land Titles Act as having an interest in the land:

Name (as it is registered under the Land Titles Act):

Address (as it is registered under the Land Titles Act):

Other Address(es)
(if applicable):

Registration No(s):

                                 (d)    Occupant(s): an operator granted right of entry in respect of the land pursuant to a right of entry order:

Name (the operator stated in the right of entry order as amended):

Current Address:

Registration No(s) (if applicable):

Right of Entry Order No:

                                 (e)    Occupant: in the case of Crown land, a person shown on the records of the department or other body administering the land as having an interest in the land:

Name:

Address on Record:

Other Address(es) (if applicable):

4   The Applicant has the right to apply to the Surface Rights Board for a right of entry order by:

Approval/Permit/Licence No.:

Date:

Issued By:

5   This application is for a right of entry order in respect of the surface of the land above described as outlined or coloured in the prescribed colour on the attached certified plan (if applicable).

6   The total area applied for on this application is _____ acres and the area has been approved by __________ (insert approving authority).

7   The Applicant requires the land for the following purpose(s): (from applicable section of the Surface Rights Act 
                                                                                                                       

8   The Applicant has made a written offer to the Respondent(s) _________________ on _______ and has been unable to reach an agreement for the acquisition of the required interest in the surface of the land with the Respondent(s) ____________ for the following reason(s):               
                                                                                                                       

9   The Applicant requires immediate right of entry.

10   The Applicant’s address for service is:                                          

Dated ___________________                                                                
                                                                Signature of Applicant/Agent   
at ______________, Alberta

TO   The Surface Rights Board
         
(give full address of the Board)

AR 195/2007 Sched 1;188/2010;169/2019

Schedule 2

Surface Rights Act
(Section 15(4))

NOTICE TO RESPONDENTS

TAKE NOTICE that an application in the form attached has been made to the Surface Rights Board pursuant to the Surface Rights Act for a right of entry order;

The Board may issue the order applied for after 14 CLEAR DAYS from the date of service of this Notice and without any further notice to you;

If you wish to object to the Board issuing an order granting right of entry, you may do so in writing, including reasons for the objection, to the Board at:

                                                                                                                       
Insert full address of the Board

Surface Rights Board File No.                                                                 

AR 195/2007 Sched 2;188/2010

Schedule 3

Surface Rights Act
(Section 15(4))

LETTER OF CONSENT TO RIGHT OF ENTRY ORDER

(A separate Letter of Consent is required for each Respondent consenting)

Surface Rights Board File No. ____________________

I,   (Name of Respondent)  , being a Respondent in the Application for right of entry

1   Have received a copy of the filed Schedule 1 Application and filed Schedule 2 Notice to Respondents.

2   Consent to an order issued by the Surface Rights Board granting right of entry in accordance with the application.

3   Understand that signing this Letter of Consent does not affect my right to compensation.

Dated _________________ at ______________________, Alberta.

________________________                                                                 
Signature of witness                        Signature (Seal) of Respondent   
________________________
Printed name of witness
________________________
Address of witness

AR 195/2007 Sched 3;188/2010