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Expanded Protections for Landowners

Released on November 7, 2023

The Government of Saskatchewan has expanded legislation to ensure landowners who are owed compensation by companies drilling for oil or gas on their property can collect what they are owed.

Amendments to overarching legislation and regulations will give the Ministry of Energy and Resources and the Surface Rights Board of Arbitration more powers to protect landowners. The changes will enable the board and the ministry to enforce delinquent surface rights payments from oil and gas licensees and ensure that landowners are properly compensated for property damage. 

"Maintaining strong relationships between industry and landowners is key to a healthy resource sector," Energy and Resources Minister Jim Reiter said. "Our government is committed to finding a balance that both protects landowners and allows our businesses to continue and thrive." 

The changes include:

  • Amending The Surface Rights Acquisition and Compensation Act to allow the Surface Rights Board of Arbitration to hear cases and issue compliance orders to oil and gas companies for payment of delinquent surface rights compensation owed to landowners.
  • Amending The Oil and Gas Conservation Act to require license holders to comply with an "Order for Payment." Operators will need to prove compliance with the Surface Rights Board of Arbitration Order for Payment by showing the Ministry of Energy and Resources that a payment has been made and accepted by the landowner. Failure to do so may result in the cancellation of licences.
  • Adjusting The Surface Rights Acquisition and Compensation Regulations, 2023, to establish rules on the new "Order for Payment" process and increasing the compensation amount that can be awarded to a landowner for damages from $1,000 to up to $30,000. 
  • Adding helium and lithium to the set of current commodities for which the Surface Rights Board of Arbitration may adjudicate surface access.

The amended regulations will become effective on January 1, 2024. 

Once the changes come into effect, information on the process to bring claims to the Surface Rights Board of Arbitration will be posted on saskatchewan.ca.

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For more information, contact:

Jacob Fergus
Energy and Resources
Regina
Phone: 306-510-6470
Email: jacob.fergus@gov.sk.ca

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