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Alberta Surface Rights Board
062006 Annual Report
January 31, 2007
Honourable Ted Morton Minister of Sustainable Resource Development
It is my honour to transmit herewith the 2006 Annual Report of the Alberta Surface Rights Board, in accordance with Section 6 of the Alberta Surface Rights Act.Sincerely,
Brian G. GiffordChair and C.E.O.Alberta Surface Rights Board
Table of contents
Message from the Chair and C.E.O. . . . . . . . . 3
Who we are and what we do . . . . . . . . . . 5
Introducing our Board Members . . . . . . . . . 6
Mission, values and vision . . . . . . . . . . . 11
The hearing process . . . . . . . . . . . . . 12
How we did in 2006 – highlights & achievements . . . 13
Organizational chart . . . . . . . . . . . . . 23
How to contact us . . . . . . . . . . . . . . 24
A L B E R TA S U R F A C E R I G H T S B O A R D 2006 Annual Report pg �
As we move into 2007, we look forward to unveiling our new corporate identity, activating our new website and improved computer systems and continuing to recruit additional Board Members, which will allow us to enhance rural and regional representation.
— Brian G. Gifford
A L B E R TA S U R F A C E R I G H T S B O A R D 2006 Annual Report pg �
Staff and Board Members have been working beyond full capacity during this
past year. If the number of applications continues to increase, as is expected, we will
need to address the issue of budget and staff resources to allow us to maintain our level
of service.
I want to thank all of our staff and Board Members for the hard work over the past
year, which ensured our success in providing fair, accessible processes.
Brian G. GiffordChair and C.E.O.Alberta Surface Rights Board
While the main focus of the year has been on adjudicating applications, the Board
has also managed to recruit new Members, ensuring that we have a broad spectrum of
representation from across the province. In addition, we have emphasized maintaining
and building on relationships to ensure there is a solid level of understanding about the
Board’s purpose and role. To that end, we have enhanced our communication efforts,
most notably with the development of a new website and in reviewing how we can make
information about our processes more easily available.
For the 2006 calendar year, the Board saw a significant increase in applications
over the previous year. We also saw the retirement of the Board Secretary, Faye-Lynne
Shaw, who has been at the Board for 38 years. Despite vacancies in this and other
positions, the staff and Board Members worked hard throughout the year to ensure
fulfillment of our legislated mandate.
Board Member training programs have been implemented and will continue.
As we move into 2007, we look forward to unveiling our new corporate identity, activating
our new website and improved computer systems and continuing to recruit additional
Board Members, which will allow us to enhance rural and regional representation.
Message from the Chair and C.E.O.
I am very pleased to present the Annual Report of the Alberta Surface Rights Board for the year 2006.
This past year has been a year of change and productivity, with an emphasis on four key areas:
• increasing efficiency and accessibility for Albertans
• enhancing communications
• making Board processes more transparent
• building relationships
A L B E R TA S U R F A C E R I G H T S B O A R D 2006 Annual Report pg �
T he Alberta Surface Rights Board’s predecessor, the Right of Entry Arbitration
Board, was established in 1947 under the Right of Entry Arbitration Act (which was
repealed in 1972 and replaced by the Surface Rights Act) to provide an accessible and
effective process to determine fair and reasonable compensation to affected landowners
and occupants.
The most common reasons for applying to the Surface Rights Board are:
• Right of Entry – to obtain a Right of Entry Order to allow entry on to Crown
or private land where a private agreement could not be obtained.
• Review of Annual Compensation – to request the Board to review the annual
• Recovery of Compensation – to advise the Board that a payment has not been
received from an Operator and to request the Board’s assistance.
Other possible reasons for applying to the Surface Rights Board might include the
application to obtain a Right of Entry for seismic operations on Crown land where the
occupant will not agree to sign a private agreement or to determine damages with respect
to a drainage district.
Through the assistance of a Director/Secretary, two Assistant Secretaries, and 13
administrative support staff (all of whom work for both the Alberta Surface Rights Board
and the Alberta Land Compensation Board), the Board is able to maintain an effective
and efficient organization focused on
responding to queries, attending to
applications, coordinating hearings
and preparing responses. The Board
also has a full time solicitor on staff,
whose responsibility is to deal with legal
matters associated with applications to
the Board.
Who we are and what we do
compensation payable under
a private agreement or
Board Order because private
negotiations of a five-year
review have failed.
• Damage Dispute –
to request the Board to
determine compensation
for off-site damages
(damages that occurred
off the area granted to
the Operator by private
agreement or by Right of
Entry Order).
At a glance …Prior to 1947 – The regulation of a mineral owners’ right to enter on the surface of land to work their minerals was dealt with by the Board of Public Utility Commissioners or a District Judge under regulations pursuant to the Provincial Lands Act.
1947 – Right of Entry Arbitration Act enacted, which created the Right of Entry Arbitration Board.Photos – Buildings in Calgary; One of Alberta’s country roads;
Wild rose (the provincial flower of Alberta ); Mud covered boots (sometimes getting dirty is just part of the job).
A L B E R TA S U R F A C E R I G H T S B O A R D 2006 Annual Report pg �
T he Alberta Surface Rights Board is currently comprised of a Chair, two Vice-Chairs
and Members. Members on the Board are appointed by the Lieutenant Governor
for fixed renewable terms.
Board Members are selected from across the province to provide a broad spectrum of
representation. To be considered for appointment to the Board, candidates must have:
• an understanding of the essential elements for conducting a fair and
objective hearing,
• excellent analytical, communication and interpersonal skills,
• a proven ability to work well in group settings, and
• the ability to read and understand government legislation
Chair & C.E.O. – Brian G. GiffordBrian Gifford obtained a Bachelor of Arts degree, majoring in each of the
disciplines of Psychology and Sociology, and a Master of Social Work degree, both from
Wilfrid Laurier University graduating in 1977. He maintained a practice in family and
marital therapy, and later managed several programs in the social service field for the
Government of Alberta until 1984, when he attended the Faculty of Law at the University
of Victoria. Graduating in 1987, Mr. Gifford practiced largely in the area of civil litigation.
Certified as a family law mediator by the Law Society of British Columbia in 1992, he
maintained an active mediation practice. In 2002, he was appointed to be the founding
Chair and C.E.O. of the Employment and Assistance Appeal Tribunal for the Province of
British Columbia. His community service activities in Victoria included the Canadian Bar
Association, BC Branch, Administrative Law Section Chair for two years and Chairman
of the Glendale Lodge Hospital Society for three years. In 2006, Mr. Gifford was selected
to lead the Alberta Surface Rights Board and the Alberta Land Compensation Board. Also
1967 – Act amended to include an appeals procedure with respect to Compensation Orders issued by the Board.
1970 – Through an Order in Council, the Act was made subject to the Administrative Procedures Act, requiring the Board to provide written findings of fact and the reasons for the decisions in each case. Through amendment to the Expropriation Procedure Act, (which was repealed and replaced in 1974 by the Expropriation Act) the Right of Entry Arbitration Board was given jurisdiction to applications for expropriation by private companies of rights of way for power transmission lines and pipelines.
1972 – Surface Rights Act replaces the Right of Entry Arbitration Act and the Surface Rights Board replaces the Right of Entry Arbitration Board. At the same time, added jurisdiction to review every five years the annual compensation payable under Board Orders and surface leases made since January 1, 1972. As well, limited jurisdiction given to the Board to hear and determine disputes as to compensation for damages caused by the operator to lands or livestock of a lessor under a lease or a Respondent under Board Order.
197 7 – Amendment of the Surface Rights Act and the Expropriation Act to place the acquisition of rights of way for pipelines and power transmission lines by operators authorized under the Hydro and Electric Energy Act and the Pipeline Act within the Surface Rights Act. Compensation guidelines under the Surface Rights Act for the
rights of way also became applicable. The Board retained some jurisdiction under the Expropriation Act regarding the acquisition of sites for power plants and certain rights of way under the Water Resources Act.
July 4, 1983 – In addition to replacing the Surface Rights Act, 1972 with the Surface Rights Act 1983, added provision was given to the Board for an entry fee as well as requirement for a partial prepayment of compensation. Also included was an amplification of the guideline for determining compensation for land value and the right of review every five years of annual compensation payable under leases and Compensation Orders made before January 1, 1972 and leases with respect to power transmission structures made before January 1, 1977.
Introducing our Board Members
A L B E R TA S U R F A C E R I G H T S B O A R D 2006 Annual Report pg �
in 2006, Mr. Gifford completed his part time studies for the LL.M. degree, specializing
in administrative law, and a Graduate Diploma in Justice System Administration,
both through Osgoode Hall Law School at York University. In addition to his work
responsibilities, Mr. Gifford is a single father of a teenage boy.
Vice-Chair – John LoganJohn Logan has been a Member of the Surface Rights Board and Land
Compensation Board since June 1, 1998, and was appointed as Vice-Chair in September
2003. He is a gold-medal winning graduate of the University of Alberta with a Bachelor
of Arts in Recreation Administration and a Master of Arts in Physical Education
and Recreation.
John has more than 30 years of experience in the private sector as an
environmental, organizational and community development consultant. In addition
he has developed and taught a wide variety
of courses at the University of Alberta
encompassing areas such as professional
ethics, public administration, community
development and environmental / land
economics. John has also served on a number
of private, not-for-profit and governmental
Boards, task forces and organizations. He
is the past Chair of Edmonton’s Parks,
Recreation and Cultural Advisory Board
and the Edmonton Community Services
Advisory Board.
Vice-Chair – Dave BrodaDave Broda joined the Surface Rights Board in April 2005. He is past President
of the Ukrainian Canadian Congress – Alberta Provincial Council in a volunteer
position. Dave was an elected Member of the Legislative Assembly of Alberta from
1997-04. During this period, he served as a Member or Chair of many committees of the
Legislature. Dave was also a Councilor for the Town of Redwater from 1989-97, where
he served on a number of committees. From 1985-89, he was appointed to the Lakeland
Regional Health Authority and was Chair of the Redwater General Hospital.
Dave has served on many community Boards, including serving as President
and Member of a variety of sports clubs, Ukraine associations, agricultural and
municipal groups
Member – John Mah, Q.C.A senior partner of the law firm Chomicki Baril Mah LLP, John Mah is also a
Member of the Law Society of Alberta and is licensed to practice law in Hong Kong,
England and Wales. He has served on numerous non-profit Boards and was National
Chair of the Hong Kong Canada Business Association. John was also a Governor of
the University of Alberta, where he obtained degrees in Law and Arts. He is a past
President of the Mah Society of Edmonton and District and a past Board Member of
the Chinese Benevolent Society. He is also a past Member of the Advisory Board of the
Salvation Army, a Member of the Alberta Surface Rights Board and the Alberta Land
Compensation Board and a Lieutenant Colonel in the Canadian Armed Forces Reserve.
John was also elected Deputy Chancellor of the Priory of Canada, and is a Member of all
Standing Committees of the Priory of Canada.
Members are selected from across the province to provide a broad spectrum of representation.
Introducing our Board Members
A L B E R TA S U R F A C E R I G H T S B O A R D 2006 Annual Report pg �
Member – David McDonaldMarried since 1971, David and his wife Darlene have four children and operate
a cow / calf farm in west central Alberta. David has been a Member and served on the
executive of several local community groups and was elected to the Advisory Council
for Improvement District 10, on which he served for nine years. He was also involved
with various committees of Council, including Chairman of the Municipal Planning
Commission and Member of the Municipal and Industrial Court of Revision. David
became a Member of the Surface Rights Board in 2003, and was reappointed in 2006,
when he also became a Member of the Land Compensation Board.
From 1989-92, David served as Reeve of the M.D. of Clearwater and as Chairman
of the Red Deer Regional Planning Commission. In 1983, he was appointed to the
Alberta Planning Board.
Member – Dr. Julian MartinDr. Julian Martin was appointed as a Member of the Surface Rights Board and
the Land Compensation Board in October 2006. A tenured professor of History at the
University of Alberta, Julian received his Bachelor of Arts from the University of Victoria,
his Master of Arts from Texas and his Master of Philosophy and Ph.D from Cambridge.
He is also a Fellow of the Royal Historical Society (UK), a historian of medicine, science
and law. His teaching and research interests include Sir Francis Bacon, English common
law, and early modern state-building. Julian also has administrative experience in
long-range planning, land use allocation, facility and infrastructural development.
As an elected Member and then Deputy Chair of the University of Alberta’s
Facilities Development Committee (1999-06), Julian oversaw the University lands and
space, its uses, regulation, new development and renovations. As Chair of the Long
Range Development Plan (LRDP) Committee 2001-02, he helped prepare and steer into
legislation a 30-year framework plan and guidance for physical infrastructure, precinct
development, land use patterns and building sites.
Member – Don A. SibbaldDon Sibbald was appointed as a Member of the Surface Rights and Land
Compensation Boards in October, 2006. Prior to his 24 years of legal practice with a
major Calgary law firm, Don received B.A., B.Ed. and LL.B. degrees from York University,
the University of Toronto, and the University of Western Ontario, respectively. More
recently, he has undertaken training in Conflict Resolution / Mediation.
After teaching school for a brief time, he began his career as litigation counsel
and has appeared before all levels of Alberta’s Courts. His practice includes extensive
involvement in Alternate Dispute Resolution proceedings both as counsel and as a
Mediator. His community involvement includes serving on the executive of a school
council, volunteer work with a non-profit society, acting as an instructor in various
courses both within and outside the legal profession as well as being a mediator with
the Provincial Court Civil Division Mediation Program.
Member – E. Gordon ChapmanGordon Chapman was appointed to the Surface Rights and Land Compensation
Boards on October 25, 2006. Gordon has a Bachelor of Science degree from the University
of Manitoba, a Masters of Public Management from the University of Alberta and a
Masters of Business Administration degree from the University of Alberta. Gordon has
over 30 years management experience in the private, public and educational sectors.
He has also taught a wide variety of business and applied computer courses for the
University of Alberta, University of Lethbridge, Grant MacEwan Community College
and Keewatin Community College. As well, Gordon served for five years on the City of
Edmonton’s Assessment Review Board and was Chair of the Board for 2006.
Prairie grain elevators Landscape near Drumheller
A L B E R TA S U R F A C E R I G H T S B O A R D 2006 Annual Report pg 10
Member – Karen FraserKaren Fraser was appointed as a Member of the Surface Rights and
Land Compensation Boards on October 25, 2006. As a former Member of the
Immigration and Refugee Board and a former Chairperson of the Unemployment
Insurance Commission’s Board of Referees, Karen has had many years of
administrative tribunal hearing experience as a decision maker. She also has
many years of previous relevant tribunal experience in investigation and advisory
functions with the Unemployment Insurance Commission and the Alberta Labour
Relations Board. She also conducted independent investigations of complaints to
the Alberta Ombudsman.
Karen has a B.A. in Political Science from the University of Calgary and has
subsequently completed many administrative law and other post-graduate courses.
A native of Alberta, Karen currently makes her home in Canmore where she is a
Member of the Subdivision and Development Appeal Board. She also serves as a
Director of the Board of Vertigo Mystery Theatre in Calgary.
Aerial photo of farmers fields taken near Edmonton
...providing accessible processes, delivering timely and fair decisions within our legislated mandate.
— Mission Statement, Alberta Surface Rights Board
A L B E R TA S U R F A C E R I G H T S B O A R D 2006 Annual Report pg 11
Mission
The mission of the Surface Rights Board is to
provide accessible processes, delivering timely and
fair decisions within our legislated mandate.
Our Values
In carrying out its mission, the Surface Rights
Board is guided by the following values:
Alberta Surface Rights Board mission, values and vision
• accessibility
• accountability
• transparency
• independence
• integrity
Vision
The Surface Rights Board will be known for:
• providing independent, community-
based, accessible, fair, timely and
ethical processes
• supporting Board Members in
the provision of high quality
adjudication services
• ensuring a high level of awareness and
knowledge of the Board’s mandate
and purposes
• creating a healthy work environment
that supports staff to provide
quality service and to continually
learn and develop knowledge, skills
and expertise.
• fairness
• impartiality
• excellence
• efficiency
• timeliness
A L B E R TA S U R F A C E R I G H T S B O A R D 2006 Annual Report pg 1�
The hearing process
2. Applicant’s Presentation –
The Applicant shall be the first
to present his/her evidence and
testimony. For example, in the
case of a new taking under a right
of entry order, the Operator is the
Applicant. In the case of a party
asking for a review of annual rental
or for a determination of damages
(usually the landowner) is the Applicant. If the Applicant has more than one
witness each witness gives their testimony and the same process is followed as
outlined below.
3. Cross examination of the Applicant by the Respondent
4. Questions from the Board
5. Respondent’s presentation – This takes the same form as the Applicant’s
presentation as shown above.
6. Cross examination of the Respondent by the Applicant
7. Questions from the Board
8. Summation and final arguments by the Applicant
9. Summation and final arguments by the Respondent
10. Application for costs – The Board shall ask the parties if they wish to make any
claim for costs related to preparing for and attending the hearing. There may be
further submissions and argument relating to costs.
11. Close of the meeting – If all issues have been thoroughly dealt with, the
presiding Chair will end the hearing.
Setting a date for hearing – The Board shall choose the time, date and location of
a hearing. Factors taken into consideration may include the location of the land at issue,
proximity to landowner’s residence, availability of facilities to host hearing and, should
the parties choose to retain legal counsel, the availability of their respective solicitors.
Notice of hearing – The Notice of Hearing with the place, date and time of the
Hearing will be mailed to all parties to the proceeding.
Hearing preliminaries – Normally the Board panel consists of 3 Board Members one
of whom chairs the hearing. Once the hearing is called to order the Chair will introduce
the panel Members, ask the parties to state their name for the record and outline the
purpose of the hearing.
The hearing process – To help everyone understand their roles in the hearing
process the presiding Chair will outline how the hearing will proceed and what the
parties’ responsibilities are. If you plan to bring any written material to the hearing, you
must provide one copy for each of the three Board Members and one additional copy for
the other side.
This ensures that Board Members can follow your presentation and the opposing party
can have a fair opportunity to understand your case and ask relevant questions when it
is their turn to do so. Although the Board does not have specific rules for disclosure, if
you do not provide written materials to the other party(ies) prior to the hearing, there is
a risk that the hearing will be adjourned to allow them to review the materials. Hearings
generally follow the format laid out below:
1. Introduction by the Board – At the beginning of the hearing the Board shall
declare its right to ask questions at any point during the proceedings and the Chair
will outline how the hearing will take place and what the parties’ responsibilities
are. There may be an opportunity for the parties to make an opening statement at
the beginning of the hearing, at the discretion of the Board.
How to aPPeal – Any appeal on a Compensation Order issued by the Surface Rights Board must be made to the Court of Queen’s Bench within 30 days of the appealing party receiving the order (refer to Section 26(3)(a) of the Surface Rights Act).
On the following pages you will find a summary of the results of our work for the calendar year 2006.
How we did in 2006 – highlights & achievements
A L B E R TA S U R F A C E R I G H T S B O A R D 2006 Annual Report pg 14
H I G H L I G H T S & AC H I E v E m E n T S
Summary of Applications Under the Surface Rights ActFor Right of Entry for Oil and Gas Dealt with in 2006
CR O W n PR i vAT E TOTA LA PPl I C AT I O n S
Carried Over from Previous Year 6 39 45Received During the Year 12 116 128
18 155 173
A PPl I C AT I O n S D I S P O S E D O f
Right of Entry GrantedCompensation Determined 7 34 41Settled Independently of Board 2 9 11
No Right of Entry GrantedApplication Withdrawn 0 5 5Settled Privately 0 1 1
9 49 58
A p p l I C AT I O n S O u T S TA n d I n G 9 1 0 6 1 1 5
Summary of Applications Under the Surface Rights ActFor Right of Entry for Pipelines Dealt with in 2006
CR O W n PR i vAT E TOTA LA PPl I C AT I O n S
Carried Over from Previous Year 4 90 94Received During the Year 6 192 198
10 282 292
A PPl I C AT I O n S D I S P O S E D O f
Right of Entry GrantedCompensation Determined 2 63 65Settled Independently of Board 1 13 14
No Right of Entry GrantedApplication Withdrawn 1 12 13Settled Privately 1 13 14
5 101 106
A p p l I C AT I O n S O u T S TA n d I n G 5 1 8 1 1 8 6
A L B E R TA S U R F A C E R I G H T S B O A R D 2006 Annual Report pg 1�
H I G H L I G H T S & AC H I E v E m E n T S
Summary of Applications Under the Surface Rights ActFor Right of Entry for Power Transmission Lines Dealt with in 2006
CR O W n PR i vAT E TOTA LA PPl I C AT I O n S
Carried Over from Previous Year 0 2 2Received During the Year 0 0 0 0 2 2
A PPl I C AT I O n S D I S P O S E D O f
Right of Entry GrantedCompensation Determined 0 2 2Settled Independently of Board 0 0 0
No Right of Entry GrantedApplication Withdrawn 0 0 0Settled Privately 0 0 0
0 2 2
A p p l I C AT I O n S O u T S TA n d I n G 0 0 0
Summary of Applications Under the Surface Rights ActFor Right of Entry for Seismic Testing Dealt with in 2006
TOTA LA PPl I C AT I O n S
Carried Over from Previous Year 0Received During the Year 0
0
A PPl I C AT I O n S D I S P O S E D O f
Right of Entry GrantedCompensation Determined 0Settled Independently of Board 0
No Right of Entry GrantedApplication Withdrawn 0Settled Privately 0
0
A p p l I C AT I O n S O u T S TA n d I n G 0
A L B E R TA S U R F A C E R I G H T S B O A R D 2006 Annual Report pg 1�
H I G H L I G H T S & AC H I E v E m E n T S
Summary of Applications Under the Surface Rights ActFor Right of Entry for Coal Dealt with in 2006
TOTA LA PPl I C AT I O n S
Carried Over from Previous Year 1Received During the Year 2
3
A PPl I C AT I O n S D I S P O S E D O f
Right of Entry GrantedCompensation Determined 0Settled Independently of Board 0
No Right of Entry GrantedApplication Withdrawn 1Settled Privately 0
1
A p p l I C AT I O n S O u T S TA n d I n G 2
Summary of Applications Under the Surface Rights ActFor All Applications for Right of Entry Dealt with in 2006
CR O W n PR i vAT E TOTA LA PPl I C AT I O n S
Carried Over from Previous Year 10 132 142Received During the Year 20 308 328
30 440 470
A PPl I C AT I O n S D I S P O S E D O f
Right of Entry GrantedCompensation Determined 9 99 108Settled Independently of Board 3 22 25
No Right of Entry GrantedApplication Withdrawn 2 17 19Settled Privately 1 14 15
15 152 167
A p p l I C AT I O n S O u T S TA n d I n G 1 5 2 8 8 3 0 3
A L B E R TA S U R F A C E R I G H T S B O A R D 2006 Annual Report pg 1�
H I G H L I G H T S & AC H I E v E m E n T S
Summary of Applications Under the Surface Rights ActFor Termination of Right of Entry in Full Dealt with in 2006
TOTA LA PPl I C AT I O n S R E C E I v E D
Carried Over from Previous Year 3Received During the Year 71
74
A PPl I C AT I O n S D I S P O S E D O fRequest for Termination Granted 72Request for Termination Withdrawn 0
72
A p p l I C AT I O n S O u T S TA n d I n G 2
Summary of Applications Under the Surface Rights ActFor Termination in Part of Right of Entry Dealt with in 2006
TOTA LA PPl I C AT I O n S R E C E I v E D
Carried Over from Previous Year 0Received During the Year 7
7
A PPl I C AT I O n S D I S P O S E D O fRequest for Termination Granted 6Request for Termination Withdrawn 0
6
A p p l I C AT I O n S O u T S TA n d I n G 1
A L B E R TA S U R F A C E R I G H T S B O A R D 2006 Annual Report pg 1�
H I G H L I G H T S & AC H I E v E m E n T S
Summary of Rate of Compensation ReviewsPursuant to Section 27 of the Surface Rights Act Dealt with in 2006
A PPl I C AT I O n S ACC E P T E DCarried Over from Previous Year 83Received During the Year 144
227
A PPl I C AT I O n S D I S P O S E D O fHeard and Compensation Determined 34Settled Independently of Board 39Withdrawn 0Rejected – Lack of Jurisdiction 0
73
A p p l I C AT I O n S O u T S TA n d I n G 1 5 4
Summary of Settlements of DisputesPursuant to Section 30 of the Surface Rights Act Dealt with in 2006
A PPl I C AT I O n S ACC E P T E DCarried Over from Previous Year 7Received During the Year 15
22
A PPl I C AT I O n S D I S P O S E D O fHeard and Compensation Determined 6Settled Independently of Board 3Withdrawn 1Rejected – Lack of Jurisdiction 0
10
A p p l I C AT I O n S O u T S TA n d I n G 1 2
A L B E R TA S U R F A C E R I G H T S B O A R D 2006 Annual Report pg 19
H I G H L I G H T S & AC H I E v E m E n T S
Surface Rights BoardOrders Issued in 2006
Right of Entry Orders: 291
Compensation Orders: 109
Compensation Orders: (re: Damages) 6
Amending Orders: 695
Cost Orders: 1
Varying Rate Orders: (Voluntary – Under a Board Order) 63
Varying Rate & Amending Orders: (Voluntary – Under a Board Order) 38
Varying Rate Orders: (By way of a Hearing – Under a Board Order) 7
Varying Rate & Amending Orders: (By way of a Hearing – Under a Board Order) 7
Varying Rate Orders: (By way of a Hearing – Under a Private Agreement) 28
Partial Termination Orders: 6
Termination Orders: (Termination in Full) 72
Rescinding Orders: 7
T O TA l O R d E R S I S S u E d I n 2 0 0 6 1 3 3 0
Summary of All Applications for Recovery of RentalPursuant to Section 36 of the Surface Rights Act Processed from January – December, 2006
A p p l I C AT I O n S 350
D I S P O S I T I O n S I n 2 0 0 6 ( A S AT D E C E m B E R 3 1 , 2 0 0 6)Paid by Minister of Finance 262Paid by Operator 23Discontinued/Settled 1Outstanding 64
T O TA l 3 5 0
A L B E R TA S U R F A C E R I G H T S B O A R D 2006 Annual Report pg �0
H I G H L I G H T S & AC H I E v E m E n T S
Applications AcceptedFor Review of Annual Compensation (Under Section 27)By Area
A p p l I C AT I O n S ACC E p T E d 2 0 0 5 2 0 0 6C YH Cypress Hills 0 0WCF Warner-Coutts-Foremost 0 0PCm Pincher Creek-Cardston-McGrath 0 0mDH Medicine Hat 0 0v XT vauxhall-Taber 8 33LSP Lethbridge-Stavely-Picture Butte 0 1EmS Empress-Schuler 0 0BBS Brooks-Bassano 21 7CSv Calgary-Strathmore-vulcan 5 16AvC Acadia valley-Oyen-Consort 1 0HDR Hanna-Drumheller 3 4TRA Trochu-Airdrie 7 10CBL Coleman-Blairmore 0 0BDO Black Diamond-Okotoks 0 0SCC Sundre-Calgary-Cochrane 0 0WPC Wainwright-Provost-Consort 2 7LmE Lloydminster-Mannville-Elk Point 1 3SBC St. Paul-Bonnyville-Cold Lake 1 3CSC Camrose-Sedgewick-Castor 0 0C vL Camrose-Sedgewick-Castor 6 9SLS Smoky Lake-Lac La Biche-St. Paul 2 1RWS Red Deer-Wetaskiwin-Stettler 8 3EDm Edmonton 11 10WTA Westlock-Thorhild-Athabasca 2 4WRI Warburg-Rocky Mountain House-innisfail 20 18WEF Wabamum-Edson-Ft. Assiniboine 0 6HPS High Prairie-Smith 1 0FT v Fort vermilion Area 0 0vmB valleyview-McLennan-Berwyn 0 3PKR Peace River-Keg River 0 0GPR Grande Prairie-Rycroft 5 4FCP Fairview-Cherry Point 1 2
T O TA l A p p l I C AT I O n S ACC E p T E d 105 144
Right of Entry Applications(New Takings)By Area
A p p l I C AT I O n S 2 0 0 5 2 0 0 6C YH Cypress Hills 0 0WCF Warner-Coutts-Foremost 0 2PCm Pincher Creek-Cardston-McGrath 0 0mDH Medicine Hat 0 0v XT vauxhall-Taber 8 0LSP Lethbridge-Stavely-Picture Butte 0 0EmS Empress-Schuler 0 1BBS Brooks-Bassano 2 20CSv Calgary-Strathmore-vulcan 11 8AvC Acadia valley-Oyen-Consort 3 6HDR Hanna-Drumheller 7 25TRA Trochu-Airdrie 32 70CBL Coleman-Blairmore 0 0BDO Black Diamond-Okotoks 0 0SCC Sundre-Calgary-Cochrane 3 2WPC Wainwright-Provost-Consort 11 7LmE Lloydminster-Mannville-Elk Point 9 14SBC St. Paul-Bonnyville-Cold Lake 4 0CSC Camrose-Sedgewick-Castor 17 9C vL Camrose-Sedgewick-Castor 11 6SLS Smoky Lake-Lac La Biche-St. Paul 10 6RWS Red Deer-Wetaskiwin-Stettler 31 28EDm Edmonton 21 29WTA Westlock-Thorhild-Athabasca 1 4WRI Warburg-Rocky Mountain House-innisfail 13 16WEF Wabamum-Edson-Ft. Assiniboine 10 18HPS High Prairie-Smith 0 0FT v Fort vermilion Area 0 1vmB valleyview-McLennan-Berwyn 5 9PKR Peace River-Keg River 0 0GPR Grande Prairie-Rycroft 16 36FCP Fairview-Cherry Point 12 11
T O TA l A p p l I C AT I O n S 237 328
A L B E R TA S U R F A C E R I G H T S B O A R D 2006 Annual Report pg �1
H I G H L I G H T S & AC H I E v E m E n T S
LSP VXT
CYH
MDH
WCFPCM
EMSBBSCSV
AVCHDRTRA
CBL
BDO
SCC
WPC
LME
SBC
CSC
CVL
SLS
RWS
EDM
WTA
WRI
WEF
HPS
FTV
VMB
PKR
GPR
FCP
l E G E n d O f A R E A S f O R A l B E R TA M A pC YH Cypress HillsWCF Warner-Coutts-ForemostPCm Pincher Creek-Cardston-McGrathmDH Medicine Hatv XT vauxhall-TaberLSP Lethbridge-Stavely-Picture ButteEmS Empress-SchulerBBS Brooks-BassanoCSv Calgary-Strathmore-vulcanAvC Acadia valley-Oyen-ConsortHDR Hanna-DrumhellerTRA Trochu-AirdrieCBL Coleman-BlairmoreBDO Black Diamond-OkotoksSCC Sundre-Calgary-CochraneWPC Wainwright-Provost-ConsortLmE Lloydminster-Mannville-Elk PointSBC St. Paul-Bonnyville-Cold LakeCSC Camrose-Sedgewick-CastorC vL Camrose-vegreville-LamontSLS Smoky Lake-Lac La Biche-St. PaulRWS Red Deer-Wetaskiwin-StettlerEDm EdmontonWTA Westlock-Thorhild-AthabascaWRI Warburg-Rocky Mountain House-innisfailWEF Wabamum-Edson-Ft. AssiniboineHPS High Prairie-SmithFT v Fort vermilion AreavmB valleyview-McLennan-BerwynPKR Peace River-Keg RiverGPR Grande Prairie-RycroftFCP Fairview-Cherry Point
The Board has seen an increase in the number of applications in several areas of the province.
— Brian G. Gifford
A L B E R TA S U R F A C E R I G H T S B O A R D 2006 Annual Report pg � �
H I G H L I G H T S & AC H I E v E m E n T S
Summary of Surface Rights Board Hearings from January 1 to December 31, 2006
JA n fE B m A R A PR m Ay J U n E J U ly AU g S E P T O C T n Ov D E C TOTAlS
No. of Hearings Scheduled 18 17 22 22 34 21 25 25 24 24 19 11 262Rescheduled 2 3 1 3 7 6 9 9 4 3 9 5Settled 5 4 8 4 5 2 5 6 6 2 0 1Adjourned 2 0 1 0 1 0 0 0 7 14 7 2Postponed 0 0 1 0 1 0 0 0 0 0 0 0Withdrawn 0 0 0 0 0 1 0 0 1 0 0 0
nO. Of HEARInGS COMplETEd 9 10 11 15 20 12 11 10 6 5 3 3 115
Mineral Recovery 2 1 4 11 8 4 4 6 1 7 3 1 52Pipelines 7 5 6 15 11 22 2 1 7 11 9 0 96Power Transmission Lines 0 0 0 0 0 0 0 0 0 0 0 0 0Objections 0 0 0 0 0 0 0 0 0 0 0 0 0Damages 0 0 1 0 3 2 2 1 0 0 0 2 11Reviews 3 3 4 1 4 5 7 7 0 0 1 2 37Costs 0 0 0 0 0 0 0 0 0 0 0 0 0Inquiries 0 2 0 0 0 0 0 0 0 0 0 0 2Coal Mines 0 0 0 0 0 1 0 0 0 0 0 0 1Expropriation 0 0 0 0 0 0 0 0 0 0 0 0 0Other 0 0 0 0 4 0 2 0 4 0 0 0 10
TOTAlS 12 11 15 27 30 34 17 15 12 18 13 5 209
n O. O f A p p l I C AT I O n S H E A R d A n d CO M p l E T E d
A L B E R TA S U R F A C E R I G H T S B O A R D 2006 Annual Report pg ��
Organization chart
MInISTER Of SuSTAInABlE RESOuRCE dEvElOpMEnTThe Honourable Ted Morton
S u R fAC E R I G H T S B OA R d / l A n d CO M p E n S AT I O n B OA R d
CHAIR And C.E.O. SuRfACE RIGHTS BOARd / lAnd COMpEnSATIOn BOARdBrian G. Gifford
lAnd COMpEnSATIOn BOARdJohn Logan – vice ChairE. Gordon Chapman – MemberKaren R. Fraser – MemberJohn Mah – MemberJulian Martin – MemberDavid McDonald – MemberDon A. Sibbald – MemberKaren Sinclair-Santos – Member
SuRfACE RIGHTS BOARdDavid Broda – vice-ChairJohn Logan – vice ChairE. Gordon Chapman – MemberKaren R. Fraser – MemberJohn Mah – MemberJulian Martin – MemberDavid McDonald – MemberDon A. Sibbald – Member
SOlICITOR SuRfACE RIGHTS BOARdKaren Sinclair-Santos
dIRECTOR / SECRETARy SuRfACE RIGHTS BOARd lAnd COMpEnSATIOn BOARdvacant
ASSISTAnT SECRETARIES SuRfACE RIGHTS BOARd lAnd COMpEnSATIOn BOARd2 Positions
AdMInISTRATIvE SuppORT SuRfACE RIGHTS BOARd lAnd COMpEnSATIOn BOARd13 Positions
Revised Dec. 2006
How to contact us
Phone: 780.427.2444 (Dial 310.0000 for toll-free access outside of Edmonton)
Fax: 780.427.5798
Mail: Alberta Surface Rights Board
18th Floor, Phipps-McKinnon Building
10020 - 101A Avenue
Edmonton, Alberta T5J 3G2
Email: [email protected]
Website: www.srblcb.gov.ab.ca
Note to Readers:
Copies of this annual report are available on the
Alberta Surface Rights Board website or by
contacting our office.