Update From the Board Surface Rights Board Topics
Update From the Board Surface Rights Board
Topics ◦ About the Boards ◦ Administrative Amalgamation of the Boards ◦ Dispute Resolution at the Boards ◦ Rental Recovery Program (Surface Rights Board)
Our Mandate to Albertans • Established under the Surface Rights Act consisting of members appointed by the Lieutenant Governor in Council • Assists Landowners and Operators resolve disputes about access and compensation related to resource activity and power transmission lines on privately owned land or occupied crown lands • Right of Entry and determination of compensation • Review of Annual Compensation • Damage Disputes • Recovery of Rentals
Our Board Members ◦ Shannon Boyer ◦ Mary-Kay Brook ◦ Katherine Camarta ◦ Jerry Krysa ◦ Line Lacasse ◦ Terri Mann ◦ John Mc. Carthy ◦ Glenn Selland ◦ Jerry Zezulka
Our Chair – Susan Mc. Rory Previous Positions: Senior Partner, MCRORY Law ( 2013 – 2018) Environmental Coordinator, Special Prosecutions Branch (1993 -2013) Prosecutor, General Prosecutions Branch (1989 – 1993) Chief Crown Prosecutor, Judicial District of Vegreville (1984 -1989) Prosecutor, Judicial District of Peace River (1982 - 1984)
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Administrative Amalgamation ◦ Government wide review of agencies, boards & commissions ◦ Why? Similar mandates and expertise ◦ When? Boards co-located in 2016 ◦ Phased approach planned: ◦ Administrative amalgamation first; followed by, ◦ Legislative amalgamation
Focus on Dispute Resolution ◦ Resolving disputes through alternative dispute resolution and mediation ◦ Faster, cheaper, confidential, less stressful and less risky ◦ Builds relationships and helps prevents disputes from occurring ◦ Parties can proceed to a hearing anytime ◦ More efficient and effective hearings
Dispute Resolution Process (Determination of Compensation: Right Of Entry, Damages, Review of Annual Compensation)
Dispute resolution at the SRB • PREPARING FOR YOUR PRE-HEARING CONFERENCE/MEDIATION AT THE SRB
PREPARE! 11
ORGANIZE! 12
KNOW YOUR CASE LISTEN TO UNDERSTAND SPEAK TO BE UNDERSTAND what is the best way from a business perspective ? Resolve or go to hearing 13
Files Resolved Before Oral Hearing (SRB matters) 90% 80% 76% 80% 82% 2018 2019 65% 60% 50% 40% 30% 20% 10% 0% 2016 2017
Number of DRC/FDRC Proceedings Files DRCs/FDRCs 690 736 568 197 132 2016 226 2017 188 2018 217 2019
SRB Percent of Files Settled at Mediation Files scheduled for mediation and settled 100% 96% 90% 80% 78% 70% 67% 60% 50% 40% 30% 20% 10% 0% 2016 2017 2018 2019
Total Oral Hearings with Operator – s. 23, s. 27, s. 30 39 31 25 10 2016 2017 2018 2019* *2 matters proceeded to hearing to determine procedural issues. Compensation was already settled.
2019 Oral Hearing Days Scheduled vs Actual – s. 23, s. 27, s. 30 140 121 120 100 80 60 32 40 20 0 Scheduled Actual
Rental Recovery Program (Surface Rights Board) ◦ Landowners have legislated right to fair compensation for resource development ◦ Many oil and gas operators not paying annual surface lease payments to landowners ◦ Remedy for landowners is to apply for ‘Recovery of Rental’ compensation under s. 36 of Surface Rights Act ◦ Significant volume of applications received since 2015
Rental Recovery Applications Received Calendar Year Number of S. 36 Applications Dollar value directed for payment 2019 3678 $8, 424, 685 2018 2410 $6, 171, 583 2017 1934 $6, 031, 421 2016 2570 $3, 310, 741 2015 765 $1, 729, 578 2014 505 $722, 063 2013 346 $683, 736 2012 288 $579, 754 2011 278 $592, 533 2010 346 $656, 588
Rental Recovery – Outlook & Opportunities ◦ Anticipating 5400 applications in 2020 - a record high! ◦ This is a long term challenge, not a short term issue ◦ Streamlined application process = faster processing times ◦ Continued public engagement sessions planned
Our Contact Information ü Email – srb. lcb@gov. ab. ca ü Phone – 780 427 2444 ü Fax – 780 427 5798 ü Website – www. surfacerights. alberta. ca & www. landcompensation. gov. ab. ca
Questions ?
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