Opportunity to object
After an application for a Right of Entry Order is filed by us, an operator must serve a copy of the application and the Schedule 2 Notice (provided by the Board when the application was filed) on the landowner and any other respondents.
The Schedule 2 Notice states that the Right of Entry Order may issue 14 days from the date of service of the notice if there are no objections.
Before you object
If your objections are entirely related to compensation, this is not the right time to object. If you choose to not object to the application for right of entry, this does not mean that you must accept the compensation offered by the operator.
The application process for a Right of Entry Order is a completely separate process than determining compensation for that order. If the parties cannot agree on compensation, then the Board will hold compensation proceedings after it grants a Right of Entry Order.
For more information, see Surface right of entry compensation.
Board Administration does not provide any legal advice to its stakeholders. The Board’s expertise is the determining compensation. We recommend hiring legal counsel, or another person who is knowledgeable of the issues involved to make representations on your behalf.
The legal effect of the Right of Entry Order is significant and outlined in Section 16 of the Surface Rights Act.
According to the court decision Mueller v. Montana Alberta Tie Line (2011 ABQB 738), the right to enter is for all intents and purposes granted by the licensing agency.
See the summary and full decision of the Mueller v. Montana Alberta Tie Line.
See also a summary of Windrift Ranches Limited v. Alberta Surface Rights Board.
Respondents decide to object
If a party wishes to object to the right of entry application, they may do so in writing, including detailed reasons for the objection. The detailed reasons should address the Mueller decision. If they are appointing a personal representative, they should refer to rule 9 of the Surface Rights Board Rules and the Appointment of Personal Representative Form (PDF, 1.5 MB).
Board Administration will provide all other parties an opportunity to make submissions on the objection. The application for right of entry along with any submissions will then be presented to a panel of the Board for a decision. Oral hearings are rarely held for objections to right of entry applications.