Apply for a right of entry order

Before you apply

An application for a right of entry order must fully comply with all legislative requirements set out in the Surface Rights Act and Surface Rights Act General Regulation.

The Tribunal rejects and returns applications submitted with errors or incomplete information.

How to apply

Step 1. Fill out the application form

It is your responsibility to correctly complete the Schedule 1 Application for Right of Entry form.

You may contact the Tribunal administration with specific questions for unusual situations not mentioned in the Schedule 1 Right of Entry Application Instructions.

A corrected, re-submitted application may be placed in the order of receipt for processing.

The Tribunal recommends you contact the Team Lead of Right of Entry Application processing if expecting to submit more than 10 applications for a particular project.

The Tribunal also encourages you to submit one application to Tribunal administration prior to submitting all applications for an entire project to prevent repeat errors from occurring.

Communication between applicants and the Tribunal administration regarding large volumes assists in the timely processing of applications.

Step 2. Service of an application for right of entry order

Tribunal administration stamps a successfully filed right of entry order application with ‘Filed’, and return it to you along with a ‘Schedule 2 Notice to Respondents.’

You must serve a copy of the filed application (with an affidavit in support of survey plan) and the ‘Schedule 2 Notice to Respondents’ upon all respondents named in the filed right of entry application.

See the Right of Entry Service Document Instructions for more detailed instructions.

Step 3. Tribunal panel consideration of right of entry application

The right of entry order may issue once the Tribunal receives satisfactory evidence that all respondents were served with the application and Schedule 2 Notice to Respondents and 14 days have passed since the date of service.

The wait time may not be necessary if you submit an executed Schedule 3 Letter of Consent to Right of Entry Order for each respondent named in the filed application. See Schedule 3 Letter of Consent to Right of Entry form.

The Schedule 2 Notice to Respondents explains how a respondent to the right of entry application may object to the issuance of an order granting right of entry.

If an objection is filed, the Tribunal administration will provide all other parties to the application an opportunity to make submissions in response.

The application for right of entry along with any submissions in response will be given to the Tribunal panel to make a decision on whether to grant the right of entry order.

See Objections to application for Right of Entry Order for full details.

Step 4. Determine compensation upon granting the right of entry order

Once a right of entry order is granted, the Tribunal holds proceedings to determine compensation and to whom it is payable.

For more information, see Right of entry order – Compensation.

Withdraw an application

To withdraw a filed application, you must make the request in writing and deliver a copy of the request to all respondents named in the right of entry order application.

After receiving a request to withdraw an application, the Tribunal considers if there is any claim from the respondents for costs in connection with the application.

The Tribunal may decide to cancel the application, or cancel the application with an order for payment of costs.

Contact

Connect with the Land and Property Rights Tribunal:

Hours: 8:15 am – 4:30 pm (closed 12 pm to 1 pm)
Phone: 780-427-2444
Toll free: 310-0000 before the phone number (in Alberta)
Fax: 780-427-0986
Email: [email protected]

Address:
Land and Property Rights Tribunal
2nd Floor, Summerside Business Centre
1229 91 Street SW
Edmonton, Alberta T6X 1E9

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