The Surface Rights Board of Arbitration is used as a last resort when a landowner or occupant and an oil/gas or potash operator are unable to reach an agreement for surface access to private land and related compensation. The board must make decisions independently and impartially, ensuring the processes are fair for all parties that appear before it.
Objectives
The board's objectives are:
- to provide a comprehensive procedure for acquiring surface rights;
- to provide for the payment of just and equitable compensation for the acquisition of surface rights; and
- to provide for the maintenance and reclamation of the surface of land acquired in connection with surface rights.
Public and private organizations, businesses and agricultural operations lobby the board to ensure that it is accountable to a healthy agricultural industry, a healthy petroleum industry and a healthy environment.
Balancing sound, consistent and standardized oil field practices, agricultural practices and environmental practices with the public interest and the maintenance of public policy is always a challenge. The environmental integrity of petroleum operations is always of great concern to the board.
Unlike the Court, the board does not have inherent jurisdiction to determine any issue. The board only has authority to determine issues that are specifically assigned to it by The Surface Rights Acquisition and Compensation Act and other legislation.
Recovery of Compensation
Section 86.1 of the Act allows landowners to apply to the board concerning payment of delinquent surface right compensation. Landowners are advised to review the requirements of the Recovery of Compensation Application Form. Operators are advised to review the requirements of the Notice of Objection, including the statutory timeline in which an objection may be filed.
Hearings
The board conducts hearings for matters such as:
- the rights required by the operator to enter on the surface of the land;
- damage claims;
- compensation for wellsite and/or flowlines; and
- rental reviews.
Matters may come before the board for determination by way of in-person hearing, video hearing or written submission, or any combination of the three formats. The board retains the discretion to determine how a hearing will proceed in light of factors including the nature of the application, the efficiency of the proceeding, and fairness to the parties.
Learn about the Rules concerning procedure in hearings before the board.
Site Supervision
The board's ability to monitor and enforce existing environmental standards is limited to acts of the operator creating damage less than $30,000.
The Saskatchewan Ministry of Energy and Resources monitors the maintenance of oil field operational standards during the well's life. Please contact the applicable field office for further information: