Table of contents

Overview

Pursuant to section 29 of the Surface Rights Act, the Board may hear requests for reconsideration of Board Orders and Decisions. The request will not necessarily lead to a reconsideration of a Board Decision or Order.

How to apply

Step 1. Party seeking reconsideration submits an application

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Download: Application Form - Request for Reconsideration (PDF, 1.1 MB)

If you run out of room on the form, complete your answers on another sheet. For help filling out the form, see Form help.

When deciding whether or not a Decision or Order will be reconsidered, the Board will bear in mind the criteria found in Rule 37 of the Surface Rights Board Rules.

Step 2. All parties make submissions about whether the basic requirements for reconsideration have been met

All parties will be given a chance to make representations on whether the basic requirements for reconsideration under Rule 37 have been met. These basic requirements are:

  • the decision shows an important error of law, error of jurisdiction, error of fact, or error of mixed fact and law
  • the decision was based on a process that was obviously unfair or unjust
  • the decision is inconsistent with earlier decisions or laws
  • there was evidence at the time of the hearing that was unavailable to the party and will likely make a substantial difference to the outcome of the decision

Step 3. If the basic requirements are met, the Board decides what actions to take next

The initial decision made is whether or not the decision or order will be reconsidered. The decision or order will only be reconsidered if the threshold requirements for reconsideration, as outlined in the Surface Rights Board Rules, are met. If the threshold requirements are not met the decision or order will not be reconsidered and a decision of the Board will be issued accordingly.

Should the request for reconsideration meet the threshold as described in Rules 37 to 39 of the Surface Rights Board Rules, the matter may be reconsidered. The application may be reconsidered based upon the evidence provided during the initial hearing (whether this hearing was oral or written). In appropriate circumstances, the Board may request additional submissions from the parties or hold a new hearing.

Past decisions of the Board and the Courts may be of assistance when attempting to understand how the Board may decide a particular matter. For more information, see Surface Rights Board decisions.

Form help

  • Section 1: Applicant information
    • State the name, current mailing address and contact information of the applicant (the person who is requesting the reconsideration).
  • Section 2: Representative information (if applicable)
    • State the name, current mailing address and contact information of the applicant’s representative. If the representative is not a lawyer or licensed land agent, they may only represent the applicant after the applicant completes the Appointment of Personal Representative (PDF, 1.5 MB) form. The personal representative form may be sent along with this one, but must be signed by the applicant.
  • Section 3: Decision/order number requested to be reconsidered
    • State the Board decision number or order number which the applicant is requesting be reconsidered. Recent Board Orders are in the format “0123/2013” and older Orders are in the format “123/63”. Decisions are in the format “2013/0123”
    • State the Date on which the Board Decision or Order was granted. The date should be stated in the decision or order.
  • Section 4: Issue(s) in the decision/order to be reconsidered
    • State the issue or issues in the decision or order that you request to be reconsidered.
    • Note: It may be all or only part of the decision or order to which the applicant wishes the Board to reconsider. It must be made clear exactly on what issues the reconsideration request is being made.
  • Section 5: Reasons for request of reconsideration
    • State the reasons for which the request for reconsideration is being made.
    • The Surface Rights Board Rules outline when a request for reconsideration will be granted. The request may be granted in defined circumstances and the stated reasons for the request should correspond to the situations outlined in the Rules in which reconsideration will be granted. These include:
      • Pursuant to Rule 37(5)(a): where the decision shows an obvious and important error of law or jurisdiction
      • Pursuant to Rule 37(5)(b): where the decision shows an important error of fact, or an error of mixed fact and law, in the decision that affects the decision
      • Pursuant to Rule 37(5)(c): where the decision was based on a process that was obviously unfair or unjust
      • Pursuant to Rule 37(6): where the panel is satisfied that the decision is inconsistent with an earlier Board decision, any binding judicial authority, some other provision of relevant legislation or, the Rules or Regulations
      • Pursuant to Rule 37(7): where the panel is satisfied there was evidence at the time of the hearing that was not presented because it was unavailable to the party asking for reconsideration and which is likely to make a substantial difference to the outcome of the decision.
        • Note: There must be a valid reason that such evidence was not attainable to the party prior to the hearing.
  • Section 6: Adverse effect or damage of the decision/order on the applicant
    • Give a brief explanation of how the party is adversely (negatively) affected by the decision or order and/or the damages that have or will result from the decision/order.
  • Section 7: Remedy sought
    • Explain what remedy you want the Board to give. This could include (among other things):
      • rescinding a decision or order in its entirety
      • replacing a decision or order
      • amending a portion of the decision or order
      • rehearing the application

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

Related

Surface Rights Board

Surface rights – Forms

Surface rights disputes