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ALBERTA REGULATION 196/2007
Surface Rights Act
SURFACE RIGHTS ACT RULES OF
PROCEDURE AND PRACTICE
Table of Contents
1 Commencement of right of entry proceedings
2 Withdrawal of application
3 Additional information
4 Mediation
5 Settlement
6 Written representations
7 Absence of party
8 Personal representative
9 Proof of service
10 Request to review, rescind or amend a
decision or
order of the Board
11 Expiry
Commencement of right of entry proceedings
1 An operator who wishes to apply for a right of entry order must file with the secretary of the Board an application in the form shown in Schedule 1 to the Surface Rights Act General Regulation.
Withdrawal of application
2(1) An operator who wishes to withdraw an application for a right of entry order filed with the Board must, in writing, request the Board to cancel the application.
(2) The operator’s request under subsection (1) must contain evidence satisfactory to the Board that each of the respondents described in the application has no claim for damages, costs or expenses in connection with the application.
Additional information
3 Before granting a right of entry order, the Board may require the operator to submit any additional information not contained in the application that the Board considers necessary.
Mediation
4(1) In this section, “party” means an operator, a respondent or any other person named in an application or an order of the Board.
(2) At any time after an application is made under the Surface Rights Act, the Board may, before conducting a hearing, on its own initiative or on the written request of any of the parties, convene one or more meetings for the purpose of mediating a resolution of the issues in dispute.
(3) If the parties are not able to resolve all of the issues in dispute through mediation, the Board may determine those issues before a hearing of the Board.
(4) At any time before concluding a mediation process, the Board may, on its own initiative or on the written request of any of the parties, discontinue the mediation process and determine the issues in dispute before a hearing of the Board.
Settlement
5(1) In this section, “settlement” means an agreement respecting compensation reached by the parties to an application before the Board.
(2) The Board may adopt a settlement as an order of the Board without holding an oral hearing.
Written representations
6 A party to any proceedings before the Board who will not be present or represented at a hearing held by the Board may submit written representations to the Board on or before the time fixed for the hearing.
Absence of party
7 The Board may conduct a hearing in the absence of any party to any proceedings before the Board if the party has been given proper notice of the hearing.
Personal representative
8 If a party to any proceedings before the Board wishes to appoint a person other than a solicitor to represent that party, an appointment acceptable to the Board must be submitted to the Board on or before the time fixed for the hearing held by the Board.
Proof of service
9 Proof of service of an application, notice, order or other document in any proceedings before the Board must be by affidavit.
Request to review,
rescind or amend a decision or
order of the Board
10(1) A request by any party to have the Board review, rescind or amend a decision or order made by the Board must be in writing and set out clearly the reason or reasons for the request.
(2) The Board may hold an inquiry into the request if, in the opinion of the Board, the matters raised by the request justify an inquiry.
Expiry
11 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.
