Before you apply
Applications for rights of entry must fully comply with all legislative requirements. Use the following documents to meet those requirements before filling out the application form.
- Information Sheet: Guide to Right of Entry Order Process (PDF, 83 KB)
- Sample Wording for section 7 of Schedule 1 Right of Entry Application (PDF, 72 KB)
- Schedule 1 Right of Entry Application Instructions (PDF, 327 KB)
- Right of Entry Most Recent Written Offer Instructions (PDF, 417 KB)
- Right of Entry Service Document Instructions (PDF, 277 KB)
- Right of Entry Survey Plan Instructions (PDF, 145 KB)
An application that is submitted with errors or incomplete information will be rejected and returned to you.
How to apply
Step 1. Fill out the application form
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It is your responsibility to correctly complete the application form. Refer to Rule 15 of the Surface Rights Board Rules.
- Application Form – Right of Entry Schedule 1 (PDF, 2.2 MB)
- Appointment of Personal Representative Form (PDF, 1.5 MB)
To allow for the timely processing of a high volume of applications, we are rejecting applications for right of entry when the first error is identified. We do not review the remainder of the application for further deficiencies after the first error is identified.
You may contact Board Administration with specific questions for unusual situations that do not appear to be dealt with in the Right of Entry Order Application instructions. Please note as well that if an application is rejected, and then corrected and re-submitted, it will be placed in the order of receipt for processing.
It is highly recommended you contact the Board Officer team if you are expecting to submit more than 10 for a particular project.
Communication between you and administration allows us to establish a plan to assist in the timely processing of the applications.
You are encouraged to only submit one or 2 application(s) to Board Administration prior to submitting all applications for the entire project. This will reduce the risk of errors delaying the processing of a large group of right of entry applications. If you are appointing a representative, refer to Rule 9 of the Surface Rights Board Rules and the Appointment of Personal Representative Form (PDF, 1.5 MB).
Step 2. Operator obtains licence for the project
The operator applies to the Alberta Energy Regulator (AER) or Alberta Utilities Commission (AUC) for a licence for a prospective project. The licencing agency reviews the proposed project, consults with all the stakeholders, and if the operator satisfies the licencing agency that it should be granted a licence, the project is approved.
Step 3. Obtaining landowner and occupant consent
If the parties enter into an agreement then the matter is settled and a Right of Entry Order is not required. If the operator cannot acquire the consent of the owner (and occupant, if present) by way of an agreement, the operator may apply for a Right of Entry Order.
In the case where there is an occupant, they must also give consent to the operator. In some cases, even though the landowner and operator have reached an agreement, if the operator cannot attain the consent of the occupant it may still require a Right of Entry Order.
Step 4. Operator applies for Right of Entry Order
The operator must comply with the right of entry application requirements set out in section 15 of the Surface Rights Act, section 2 of the Surface Rights Act General Regulation, and Rule 14 of the Surface Rights Board Rules.
Step 5. Service of an application for Right of Entry Order
Once an application for a Right of Entry Order is filed at the Board, it will be returned to the operator along with a Schedule 2 Notice to Respondents .
The operator must serve a copy of the application and the Schedule 2 Notice to Respondents (PDF, 110 KB) on the respondents. Respondents include anyone who is shown on the certificate of title/crown search or can otherwise show that they have an interest in the Lands.
Step 6. Object right of entry application
The Schedule 2 Notice to Respondents (PDF, 110 KB)
If there is no agreement between the parties about compensation, then the Board will hold compensation proceedings after granting a Right of Entry Order.
If an objection is made, Board Administration will provide all other parties an opportunity to make submissions. The application for right of entry along with any submissions on the objection will then be presented to a panel of the Board for a decision.
See Objections to surface right of entry for full details.
The Right of Entry Order as applied for may issue once the Board is in receipt of satisfactory evidence that all respondent(s) have been served with the application and notice in compliance with Board Section 15(4) of the Surface Rights Act.
Step 7. Determine compensation upon granting the Right of Entry Order
Once the Right of Entry Order is granted, the Board is required to hold proceedings to set compensation pursuant to section 23 of the Surface Rights Act.
For more information, see Surface right of entry compensation.
Withdrawing an application
If you wish to withdraw a filed application, you must apply in writing and deliver a copy of the request to all other parties.
Rule 26 of the Surface Rights Board Rules states that after receiving a request to withdraw an application, the Board will consider if there is any claim from the respondents in the application for costs in connection with the application.
The Board may decide to cancel the application, or cancel the application with an order for payment of costs.