Surface Rights Board of Arbitration Board Hearings

Board hearings may be conducted in a variety of ways, including in-person hearings, video hearing, written submission or any combination of the three formats. In-person hearings are generally held in larger centres such as Lloydminster, North Battleford, Kindersley, Regina, Saskatoon and Swift Current.

The Board retains the discretion to determine how a hearing will proceed considering factors such as the nature of the application, the efficiency of the proceeding and fairness to the parties.

Most owners and operators attend hearings and provide information and research to support their position. Owners and operators may represent themselves or may choose to have a lawyer accompany them to the hearing. Others provide a written submission or choose not to attend, the latter of which is not recommended.

All documentary/physical evidence presented at the hearings is marked as an exhibit and retained by the Board.

Learn about the rules concerning procedure in hearings before the Board.

Right of Entry hearings do not involve compensation issues. If an agreement for compensation cannot be reached, either party may apply to the Surface Rights Board of Arbitration to have a separate hearing to determine the matter.

Right of Entry hearings are time sensitive as set out in legislation and the Board sets the place and time of such hearings (21 days following the date the Board receives the application.) When a landowner receives an application for Immediate Right of Entry, they have seven days (following the date of service of the documents by the operator) to object to entry onto their land. This objection must be made in writing to the Board office stating the reasons why the owner is objecting. This will initiate the hearing process. If no objection is received, the Board may issue the Right of Entry order as requested.

Evidence

The Board depends on the evidence presented at the hearing to make its decisions. The following is a guideline of what kind of information the Board will be interested in at a hearing for right of entry onto the land:

• Operators should provide the Board with specific project information including site choice, methods of construction and why the surface rights are required.
• Owners should there be an objection to the right of entry onto their land, owners should provide the Board with particulars of their objection, other than compensation.

When possible, these hearings are set by the Board in consultation with the owner and/or occupant as well as the operator. Consideration is generally given to avoiding landowners' seeding and harvest times. However, the Board retains the right to set hearing dates without consultation when necessary.

Consideration is given to avoid landowners' seeding and harvest times.

Evidence

The Board relies heavily upon factual evidence presented at the hearing to make its decisions. The Board will set compensation for value of the land for new leases and/or flowlines/service lines only. Rental reviews will not have this value calculated.

In preparation for weeds and/or damage hearings, owners must supply proof of their claims, including any pictures of the damage or weeds, to the Board office. The Board may require a site inspection.

The Board bases awards on other factors including loss of use, severance, nuisance, adverse effect and cumulative effect.

The following is a guideline of what kind of evidence the Board is interested in for compensation hearings (rental review or to set compensation on a new lease/flowline/service line):

Owners

• The soil classification and the municipal assessment of the parcel of land within which the oil installation is located (for new leases/flowline/service lines only)
• Land sales in the proximity of the land in question (for new leases/flowline/service lines only) and any pattern of dealings the owner has with other operators in the close vicinity;
• The crop rotation, the actual yields from at least the last three years, preferably the last five years (the Board places greater weight on actual sales receipts for all crops grown, as well as crop insurance data and/or verified yield maps);
• Farming equipment (including size) and number of operations, field size and cultivation patterns (detailed illustrations are helpful for farming around installations). Any unique farming methods used by the owner;
• Any special soil or crop conditions, including proof of any certification such as Organic Grower or Registered Seed Grower; and
• Proposed farming plans and changes in the oil field installation practice (if applicable) since drilled or last reviewed.

Operators

• A comprehensive description of oil field equipment on site and any changes in activity;
• Area comparables (within a reasonable distance for installation under review), which should include value of the land, crop loss, severance, adverse nuisance and such other factors as set out in Sections 29 and 47 of The Surface Rights Acquisition and Compensation Act;
• Land sales in the proximity of the land in question (for new leases/flowline/service lines only);
• Proposed future plans for the site; and
• Expected traffic related to production and maintenance for the sites in question.

Owners must supply proof of their claims of damages that occur on site (on lease), including any pictures taken of the damage or weeds. The Board may require a site inspection.

Damages

Damages that are not situated within the surface rights acquired by an operator must be reported to the Board within 30 days after discovery, by notifying the Board in writing of both the acts complained of and the amount of compensation claims. The Board will then provide that notification to the operator.

Claims of this nature are limited to $30,000 or less as provided by subsection 63(5) of The Surface Rights Acquisition and Compensation Act.

If the parties are unable to agree upon the amount of loss or damage, a party may apply to the Board for a hearing as to the merits of the claim and the amount of compensation or damages, if any, to be paid. Such an application must be made within six months of the date on which the above notice is served.

Weeds and Pests

Unless otherwise agreed between the operator and the owner or occupant (if any), the operator is responsible for control of weeds and pests on the land on which it operates. Where an operator fails or neglects to control weeds and pests, section 85 of The Surface Rights Acquisition and Compensation Act applies. The owner or occupant may apply to the Board in writing within the prescribed timeline seeking an order from the Board.