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Alberta Surface Rights Board 06 2006 Annual Report

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Page 1: Alberta Surface Rights Board - LCB Home · the Alberta Surface Rights Board, in accordance with Section 6 of ... Vice-Chair – John Logan John Logan has been a Member of the Surface

Alberta Surface Rights Board

062006 Annual Report

Page 2: Alberta Surface Rights Board - LCB Home · the Alberta Surface Rights Board, in accordance with Section 6 of ... Vice-Chair – John Logan John Logan has been a Member of the Surface

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

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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

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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

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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

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Page 7: Alberta Surface Rights Board - LCB Home · the Alberta Surface Rights Board, in accordance with Section 6 of ... Vice-Chair – John Logan John Logan has been a Member of the Surface

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).

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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

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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

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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.

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Prairie grain elevators Landscape near Drumheller

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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

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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

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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).

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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