How to appeal

After the Board issues a Compensation Order, any party may appeal the Order to the Alberta Court of Queen’s Bench, pursuant to section 26 of the Surface Rights Act. The grounds of this appeal are limited to the amount of compensation payable and to whom it is payable. The party who is appealing must:

  • file a Notice of Appeal (PDF, 52 KB) with the Court within 30 days after the date the party received the Order
  • within 10 days of filing the Notice of Appeal, serve the Board and the other parties listed on the Order or their lawyers a copy of the Notice of Appeal

An appeal to the Court shall be in the form of a new hearing. The Court of Queen’s Bench may either:

  • confirm the decision of the Board
  • direct that the Order be varied

The Court has discretion to order costs of the appeal.

A party is also entitled to appeal the judgment of the Alberta Court of Queen’s Bench to the Court of Appeal (see the Court’s website for the rules and practices applicable to appeals).

Past appeals

The following list includes judicial reviews / appeals of Surface Rights Board decisions to the courts plus some other court decisions that are often cited in decisions of the Surface Rights Board.

Contact

Connect with the Surface Rights Board:

Phone: 780-427-2444
Toll free: 310-0000 before the phone number (in Alberta)
Fax: 780-427-5798
Email: [email protected]

Address:
1229 91 Street SW
Edmonton, Alberta  T6X 1E9