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Part of Land

Regional plans and agreement compensation

Land-use planning informs how Crown subsurface agreements are managed.

Land-use Framework

The Land-use Framework (LUF) developed in 2008 was designed to manage the province's land and natural resources to achieve Alberta’s long-term economic, environmental and social goals. The LUF establishes seven new land-use regions and calls for the development of a regional plan for each. The Lower Athabasca Regional Plan and South Saskatchewan Regional Plan came into effect in 2012 and 2014, respectively.

Sub-regional plans

Alberta's government has developed sub-regional plans for areas of the province with special land use considerations. The Moose Lake Access Management Plan came into effect in February 2021 and provides direction for the Moose Lake 10 km zone, an area located approximately 100 km northwest of Fort McMurray in the Lower Athabasca Region. The Cold Lake and Bistcho sub-regional plans, both released in 2022, were the first of several sub-regional plans that aim to support multiple land use priorities, including achieving and maintaining naturally self-sustaining woodland caribou populations. The Upper Smoky Sub-Regional Plan, which covers the northern extent of the Eastern Slopes, went into effect in 2026.

Alberta's government released information letters as guidance for energy stakeholders in these sub-regions:

Caribou range subsurface tenure

The Department of Energy and Minerals manages subsurface tenure to ensure optimal value is returned to the people of Alberta from the development of Crown-owned energy and mineral resources and the use of subsurface reservoirs. Measures concerning the administration of subsurface tenure have been introduced to ensure optimal outcomes are achieved in caribou ranges while land-use planning occurs.

Extensions to agreements in caribou ranges

Because of the time required to complete land-use plans for Alberta's caribou ranges, the Department of Energy and Minerals has offered holders of Crown mineral agreements located within caribou ranges the opportunity to apply for extensions to their agreements. This means agreement holders may retain their agreements for an extended period without the normal requirements to perform work and prove productivity.

The most recent extension was detailed in Information Letter, IL 2025-14, Extensions in Alberta Caribou Ranges

Resuming issuing Crown subsurface agreements in caribou ranges

In 2016, the Department of Energy and Minerals stopped issuing new Crown mineral agreements (all commodities) in the province’s caribou ranges to support land-use planning efforts. One sub-regional plan is now in effect under the Alberta Land Stewardship Act, the Upper Smoky Sub-Regional Plan. The Department of Environment and Protected Areas is in the process of developing sub-regional plans covering all remaining caribou ranges in Alberta.

Caribou ranges cover 23% of the province. A large amount of subsurface rights in these areas remain undisposed. Alberta’s government is making well-based resource rights available for acquisition, subject to an interim "no new disturbance" condition, to better manage development and provide industry with an expanded resource base to grow oil and gas production. Coal, rock-hosted minerals and undisposed oil sands rights within the surface mineable area will remain reserved. The interim condition will help maintain caribou habitat while Alberta’s government determines surface policy for caribou ranges through sub-regional planning.

The “no new disturbance” condition, is described in Ministerial Order 031/2026, issued under Section 67 of the Responsible Energy Development Act. The condition only applies to the agreement, or the portion of the agreement, that intersects the caribou range and it will only apply until a sub-regional plan for the area has been completed. The order itself will expire when all plans are complete. The Upper Smoky Sub-region is not included in the order because an approved sub-regional plan is already in place. Further information about sub-regional planning, including current engagement opportunities, is available on Sub-regional planning.   
Resources:

Acquiring new subsurface agreements in caribou ranges

New well-based agreements will be available for acquisition in caribou ranges subject to Ministerial Order 031/2026, effective September 2, 2026.

Posting requests for public offerings for Crown petroleum and natural gas, oil sands, and brine-hosted minerals will be accepted starting September 2, 2026. All other types of subsurface tenure continue to be available upon request (geothermal, pore space, etc.).

See Information Letter 2026-30 for additional information.

Surface disposition applications and access

All holders of subsurface agreements subject to Ministerial Order 031/2026 who are applying for a surface disposition to access or carry out activities associated with new tenure must complete a Statutory Declaration which confirms that the proponent: 

  • has reviewed and understands the requirements of the Ministerial Order;
  • acknowledges that the project is subject to the Ministerial Order, and;
  • has designed the project so that it can be conducted within the limits established by the Order. 

The Statutory Declaration must be submitted to the Alberta Energy Regulator at the time of application. A copy must also be emailed to [email protected]. 

If your disposition application is within caribou range and is being submitted to obtain approvals to access or carry out activities only pertaining to subsurface tenure issued before September 2, 2026, Ministerial Order 31/2026 does not apply. Disposition applicants in this situation must upload documentation to their regulatory submission confirming this fact to satisfy the Crown Land Reservation (CLR) notification requirement. 
For example: 
"The proposed activity in this application is associated exclusively with Crown subsurface agreement(s) issued prior to September 2, 2026. As a result, the "no new disturbance" condition under Ministerial Order 031/2026 does not apply to this application."

If your proposed surface activity is located outside of caribou range, the Crown Land Reservation communicating the condition does not apply and you will not be prompted to complete the statutory declaration and notification requirements outlined above.
 
The CLR does not supersede or replace more restrictive requirements on the use and management of public lands.

Please see Factsheet for additional information.

Crown mineral rights cancellation and compensation

When the Minister of Energy and Minerals makes the determination that any or any further development of Crown minerals is no longer in the public interest, or corrects a misdescription of a subsurface zone, Alberta Energy and Minerals sends a Notice of Intent to Cancel letter to the designated representative/lessee on record indicating which agreement(s), or portion thereof, are subject to  cancellation.

Compensation is determined under the Mineral Rights Compensation Regulation (MRCR). The compensation payable under the MRCR is calculated as the sum of three types of incurred costs plus interest, making up the MRCR’s four compensation categories:

  1. Land acquisition costs:
    1. For an original lessee (MRCR section 3) – the amounts that have been paid to the Crown as bonus, fees and rental over the lifetime of the agreement and any predecessor agreements.
    2. For a transferee (MRCR section 4) – the third-party acquisition costs (limited to the sum of: pre-transfer bonus, rental, fees, and the exploration and development costs of prior lessees), plus post-transfer rental and fees paid to the Crown by the current lessee.
  2. Development allowance (MRCR section 6) – costs incurred by the current lessee to explore for and/or develop Crown minerals in the location subject to cancellation;
  3. Reclamation allowance (MRCR section 7) – costs incurred by the current lessee to meet reclamation obligations in the location subject to cancellation after the notice of intent to cancel has been issued;
  4. Interest allowance (MRCR section 8) – calculated at the Alberta Treasury Branch prime rate plus 1%, not compounded. It is applied to all applicable amounts for a maximum 10-year period preceding the close-off date (typically the date notice of intent t cancel is issued).

Section 5 of the MRCR describes the compensation payable as a result of the need to correct a misdescribed zone. Specific subsections describe what costs apply depending on the nature of the cancellation: if the lessee of record is an original lessee or a transferee and whether the misdescription requires cancellation of a portion or the full extent of the agreement, and/or a specific or specific zones. All misdescriptions qualify for land acquisition costs, development and interest allowances. Full and partial cancellations may also claim a reclamation allowance.

Lessees who receive a notice of intent to cancel and are claiming a third-party acquisition cost and/or development allowance and/or reclamation allowance are expected to submit a completed MRCR application form in the prescribed format. The application form and associated instructions are provided to the lessee of record when notice of intent to cancel is issued.

In addition to the application form, the lessee of record must submit a Statutory Declaration in hard copy in accordance with section 10 of the MRCR. The statutory declaration provides affirmation that the information in the application is accurate and directly associated with the agreement, or portion of the agreement, that is subject to cancellation.

Contact

Connect with Alberta Energy and Minerals:

Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed statutory holidays)
Email: [email protected] (about new tenure in caribou ranges)