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(Consolidated up to 254/2007
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
7 Requirements of plan
8 Additional land required
9 More than one plan
10 Additional copies of plan required
11 Termination of right of entry order
12 Local distribution system
13 Fees
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 Energy Resources Conservation Board 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 Energy Resources Conservation Board under the Oil and Gas Conservation Regulations (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 granted by the Energy Resources Conservation Board 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.
AR 195/2007 s5;254/2007
Plan required with application
6(1) Where an application for a right of entry order pertains to land that cannot be conveniently described, the application must be accompanied by a plan prepared by a surveyor or engineer showing the location, dimensions and acreage of the land required coloured or outlined in red, except that 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.
(2) All measurements and distances of a plan required under subsection (1) must be tied
(a) to a survey monument, or
(b) to a monument shown on a plan of record in a Land Titles Office or in the office of the Director of Surveys.
Requirements of plan
7 A plan prepared in accordance with section 17 of the Act must
(a) be drawn on a minimum scale of one inch to one mile, and
(b) show the approximate dimensions of the land required coloured or outlined in red, except that where the land required is for a pipeline, power transmission line or telephone line, the approximate dimensions of the land must be coloured or outlined in green.
Additional land required
8(1) If an operator requires the surface of additional land after the Board has granted the operator a right of entry order, but before the Board has made a compensation order, the operator may
(a) request the Board to amend the right of entry order to include the surface of the additional land if no person, other than the respondents named in the order, has an interest in the land and the request is accompanied by
(i) a consent to the amendment from each respondent, and
(ii) a description of the additional land or, where the additional land cannot be conveniently described, a plan prepared in accordance with section 6,
or
(b) make a new application for a right of entry order with respect to the surface of the additional land required.
(2) A request under subsection (1)(a) for which a plan is required must be accompanied by a sufficient number of copies of the plan, without colouring or outlining, so that there is one copy for each respondent plus 5 additional copies.
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.
Additional copies of plan required
10 An application for a right of entry order for which a plan is required must be accompanied by a sufficient number of copies of the plan, without colouring or outlining, so that there is one copy for each respondent plus 5 additional copies.
Termination of right of entry order
11(1) A request under section 28 of the Act for an order terminating a right of entry order as to the surface of the land or any part of it must be in writing.
(2) A copy of the request referred to in subsection (1) must be given,
(a) if the operator makes the request, by the operator to each respondent named in the right of entry order, and
(b) if a respondent makes the request, by the respondent to the operator and to any other respondents named in the right of entry order.
(3) Where a request under section 28 of the Act is for an order terminating a right of entry order as to the surface of a part of the land and the land in the right of entry order is defined by a plan or map, the request must be accompanied by a plan or map showing the location, dimensions and acreage of
(a) the part of the land for which the right of entry order is to be terminated coloured or outlined in yellow, and
(b) the part of the land for which the right of entry order is to be retained coloured or outlined in red, except that where the land to be retained is for a pipeline, power transmission line or telephone line, it must be coloured or outlined in green.
(4) A request under subsection (3) must be accompanied with a sufficient number of copies of the plan or map, without colouring or outlining, so that there is one copy for each respondent plus 5 additional copies.
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.
Fees
13 The fees prescribed for the purposes of section 5(1)(d) of the Act are as follows:
(a) $4 for each certified copy of an order, exclusive of a plan;
(b) $3 for each certified copy of a plan;
(c) $10 for a copy of a decision given in connection with an order where the decision is 10 pages or less in length;
(d) $15 for a copy of a decision where the decision is 11 to 15 pages in length;
(e) $20 for a copy of a decision where the decision is more than 15 pages in length.
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, 2010.
Schedule 1
Surface Rights Act
(Section 15)
APPLICATION
In the matter of:
(land description)
BETWEEN
_____________________________________________ Applicant
- and -
(name) of (address) Respondent(s)
The applicant hereby applies for a right of entry order in respect of the surface of the following land:
______________________________________________________
(Here give description and area of land required or refer to a plan attached.)
1 The applicant has the right to apply to the Surface Rights Board for a right of entry order by virtue of
______________________________________________________
(here give particulars)
2 The applicant requires the land for the following purpose(s):
______________________________________________________
3 The owner of the land is (name and address)
4 The occupant(s) of the land is (are)
(name) (address) (nature of occupancy)
5 The applicant has been unable to reach an
agreement for the acquisition of the required interest in the surface of the
land with the respondent(s) because
______________________________________________________
(Here deal separately with each respondent with whom no agreement has been reached. Attach separate sheet if necessary.)
6 The applicant requires immediate right of entry in respect of the surface of the land.
7 The applicant’s address for service is
Dated at the __________ of __________ in the Province of Alberta, this ___ day of __________ 20___.
(applicant)
TO: The Secretary
Surface Rights Board
(give full address of the Board)
Schedule 2
Surface Rights Act
(Section 15(4))
NOTICE
Re: (land description)
BETWEEN:
_____________________________________________ Applicant
- and -
__________________________________________ Respondent(s)
TAKE NOTICE that an application in the form attached hereto has been made to the Surface Rights Board pursuant to the Surface Rights Act for a right of entry order with respect to the above land;
AND FURTHER TAKE NOTICE that 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;
AND FURTHER TAKE NOTICE that if you wish to object to the issue of the right of entry order you may do so by written notice, together with written reasons for the objection, to the Board at:
(address of the Board)
Dated at ________, Alberta, this ___ day of ______, 20 ___.
(name and address of applicant)
TO: (name and address of respondent)
Schedule 3
Surface Rights Act
(Section 15(4))
LETTER OF CONSENT
In the matter of:
(land description)
BETWEEN
_____________________________________________ Applicant
- and -
__________________________________________ Respondent(s)
I, (name and address of respondent)
acknowledge receipt of a copy of an application and plan, dated the ___ day of ______, 20__.
I consent to the Surface Rights Board issuing an order granting right of entry in accordance with the application and plan.
It is understood that execution of this letter of consent does not in any way affect my rights to compensation.
Dated at the ______ of ______ in the Province of Alberta, this ___ day of ______ 20__.
(witness) (respondent)
(address and occupation of witness)
TO: The Secretary
Surface Rights Board
(give full address of the Board)
