Terminate a right of entry order

Overview

Right of entry orders remain in place until terminated by the Tribunal.

Any party to the order can apply to have the order terminated under the Surface Rights Act if:

• a reclamation certificate has issued
• the right of entry order has been replaced with a surface lease agreement
• the operator never entered the land

Request termination

To request full termination of a right of entry order the applicant must complete and submit a Request to Terminate form.

Other requirements

Make the request for termination in writing to the Tribunal using the prescribed form.

• If an operator submits a request, a copy of the request must go to each of the respondents currently named on the right of entry order.
• If a respondent submits the request, a copy of the request must go to the operator as well as any other respondents currently named on the right of entry order.

In order to consider the written termination request, the Tribunal must also receive one, or sometimes more than one, of the following:

• If the land involved has been reclaimed, the Tribunal requires a copy of the Reclamation Certificate with plan attached. The reclaimed area must be outlined or coloured in yellow on the plan submitted to the Tribunal.
• If the land covered by the order is now held under a private agreement, such as a surface lease, the Tribunal requires a copy of the fully executed surface lease (it may be a right of way agreement or easement defined as a surface lease in the Surface Rights Act) with plan attached. The leased area must be outlined on the plan in the appropriate colour as specified in the surface lease. If the land is owned by the Crown, the Tribunal requires a copy of the signed application for the Mineral Surface Lease (MSL), Licence of Occupation (LOC), Pipeline Agreement (PLA) or other Crown disposition with the appropriate outlining on the plan as well as a copy of the executed Consent of Occupant, if applicable.
• If the operator never entered the land, the Tribunal requires a letter in writing to that effect with copies sent to all respondents currently named on the right of entry order.

Different operator name on order

If an operator requests termination but the operator named in the right of entry order is different, the applicant must provide a copy of any assignment, amalgamation or other documentation showing how the operator changed, and give a copy of the request for termination to the operator currently named in the right of entry order.

Request partial termination

To request partial termination of a right of entry order, the applicant must complete and submit a Request to Terminate form.

Giving notice of a request to partially terminate an order follows the same process as a full termination request outlined above.

Usually the right of entry order is defined by a plan. A request for partial termination must include a plan showing the proposed terminated area outlined or coloured in yellow and the remainder outlined in red. Use a green outline if the land retained is for a pipeline, power transmission line or telephone line.

Contact

Connect with the Land and Property Rights Tribunal:

Hours: 8:15 am – 4:30 pm (closed 12 pm to 1 pm)
Phone: 780-427-2444
Toll free: 310-0000 before the phone number (in Alberta)
Fax: 780-427-0986
Email: [email protected]

Address:
Land and Property Rights Tribunal
2nd Floor, Summerside Business Centre
1229 91 Street SW
Edmonton, Alberta  T6X 1E9