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Section 35.1 has been added to the Surface Rights Act, and orders of the Tribunal can be assigned without an amending order by following 3 simple steps:
- Notify all parties of the assignment. If it is Crown land, you must notify the department or other organization administering the land.
- File a copy of the assignment and a copy of the associated regulator’s approval with the Tribunal. Example: AER or AUC Licence.
- If the order is registered on the certificate of title to the land, an operator must also register the assignment with the Registrar of Land Titles before the assignment can take effect.
Use the Notice of Assignment of Order form – Pursuant to Section 35.1 of the Surface Rights Act.
If you are unable to register your assignment of Tribunal order with the Crown and with the Registrar of Land Titles, you may apply to the Tribunal for an amending order by submitting the Request to Amend or Vary Order form.
If the licence, permit or approval number allowing for the activity granted by the Tribunal order is not listed on a previous order on file, complete the Statutory Declaration to Amend Operator Information.
To notify us of multiple Tribunal order assignments, you may use one form if the applicant and new operator are the same on all assignments. For faster processing, attach a schedule including the Tribunal’s file numbers, order numbers and the land locations.
If the new operator has amalgamated or changed its name so that the company named on the assignment documentation and licence, permit, or approval do not match, please provide evidence from Corporate Registry of the name change or amalgamation.
If a change of Operator is due to a name change or amalgamation and does not involve an assignment, submit a letter to the Tribunal with your request for an ‘Operator amendment,’ including evidence from Corporate Registry showing the name change or amalgamation.
A copy of the updated licence, permit or approval for each involved order should also be included with your letter.
100% accuracy is required in order to process a request. If a request is deficient, a rejection is issued and the process stops.
If an interest in land has transferred and requires a change of respondents on a Tribunal order, you may apply to the Tribunal using the Request to Amend or Vary Order form.
You may include a cover letter with any additional information you wish to support your application. Applicants are not required to submit a copy of the certificate of title.
Request to vary Tribunal order
Varying rate agreements are private documents parties sign if they agree on a new rate of compensation.
Parties may request the Tribunal issue an order reflecting the new rate of compensation by submitting a completed Request to Amend or Vary Order form.
Connect with the Land and Property Rights Tribunal:
Land and Property Rights Tribunal
2nd Floor, Summerside Business Centre
1229 91 Street SW
Edmonton, Alberta T6X 1E9
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