Instructional video
This video guides applicants through the recovery of compensation process, including how to complete the application form and what you can expect throughout the process.
Before you apply
In most cases, applications under section 36 of the Surface Rights Act are decided by a panel of the Tribunal solely on written evidence presented with the application.
Your completed application and any documents you submit supporting your claim is part of the evidence considered by the panel when making a decision. It is your responsibility to provide all documentation you want the panel to consider with your application.
Be aware that the Tribunal may, at its discretion, decide to direct the minister to pay the full amount, a reduced amount, or not pay at all.
We will notify you in writing once a decision has issued on your application.
How to apply
Go to the Forms and resources page to download the Recovery of Compensation form.
If money is past due under a surface lease agreement or board order, you may apply to recover the money under section 36 of the Surface Rights Act. You will have to file a separate application for each surface lease agreement (or each board order).
After you apply
After receiving the required documentation, the operator will be provided notice of the application. The operator will then have an opportunity to comment on your application. After this, the application will be put before a panel of the Tribunal.
Decisions are based on the evidence provided with the application. However, it can also choose to ask for more information or to hold an oral hearing. If the Tribunal does not have enough evidence to decide, the application may be dismissed.
If the panel is satisfied that all legal requirements have been met, a decision will be issued demanding full payment from the operator. The Tribunal may demand that a lower amount be paid if it decides that payment of the full amount would over-compensate the landowner.
If the operator still does not pay, its right to enter the site may be suspended after 15 days and may be terminated 15 days after that. The exact dates of suspension and termination will be given in the decision.
If the operator’s rights have been terminated and full payment still has not been made, the Tribunal may direct the minister to pay you out of the Government of Alberta’s General Revenue Fund.
The amount paid by the minister and any expenses incurred in collecting the debt becomes a debt owed by the operator to the Crown in accordance with section 36(9)(a) of the act. An operator wanting to repay this debt should contact Crown Debt Collections at 780-644-1704.
Contact
Connect with the Land and Property Rights Tribunal:
Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed noon to 1 pm, closed statutory holidays)
Phone: 780-427-2444
Toll free: 310-0000 before the phone number (in Alberta)
Fax: 780-427-5798
Email: [email protected]
Address:
Land and Property Rights Tribunal
2nd Floor, Summerside Business Centre
1229 91 Street SW
Edmonton, Alberta T6X 1E9