Landowners may encounter a dispute or situation with an oil and gas company that requires the mediation and arbitration service offered by the Surface Rights Board (SRB). To initiate this service, landowners can complete application Form 1A. Additional guidance on completing the forms specific to the types of disputes are provided below.
Resolving Disputes on Compensation Values
During negotiations on a lease agreement, the oil and gas company and the landowner may not agree on the terms for compensation to the landowner. Either party has the option to submit an application to the SRB for mediation or arbitration services to resolve compensation matters.
Landowner Form 1A:
In section 5.A. (page 3) you will need to check the ‘Petroleum and Natural Gas Act’ and in section 5.C. (page 4), check the box to indicate the dispute is about ‘Right of Entry to Lands – establishing terms and compensation’.
Complete all pertinent boxes and email to the SRB: office@surfacerightsboard.bc.ca
If you require further assistance in completing the form, you may contact the Farmers Information Service.
Resolving Disputes on Damages
If a landowner, occupant of the land or owner of adjacent land has incurred damage to their property as a result of oil and gas activities and they are not able to settle it directly with the company, they have the option to apply to the SRB for help in resolving the issue.
Landowner Form 1A:
In section 5.A. (page 3) you will need to check the ‘Petroleum and Natural Gas Act’ and in section 5.C. (page 4), check the box to indicate the dispute is about ‘Damage to the land or loss to applicant’.
Occupant or Owner of Adjacent Land Form 1C:
In section 5.A. (page 3) you will need to check the ‘Petroleum and Natural Gas Act’ and in section 5.C. (page 4), check the box to indicate the dispute is about ‘Damage to the land or loss to applicant’.
Complete all pertinent boxes and email to the SRB: office@surfacerightsboard.bc.ca.
If you require further assistance in completing the form, you may contact the Farmers Information Service.
Resolving Disputes on Non Payment of Rent and Terms of Lease Agreements
A disagreement may take place between a landowner and an oil and gas company about whether or not the company has complied with the terms of the surface lease agreement. The landowner might consider what is taking place on the site to be substantially different from what was approved in the permit. A company is also be considered non-compliant for failing to pay rent to the landowner.
Landowner Form 1A:
In section 5.A. (page 3) you will need to check the ‘Petroleum and Natural Gas Act’ and in section 5.C. (page 4), check the box to indicate the dispute is about ‘Compliance (disagreements on the operation of, or compliance with, the terms of surface lease or order including failure to pay rent or compensation)’.
Complete all pertinent boxes and email to the SRB: office@surfacerightsboard.bc.ca.
If you require further assistance in completing the form, you may contact the Farmers Information Service.
Resolving Disputes on Right of Entry
When a company needs to access private land for an oil and gas activity, they will first contact the landowner to negotiate a surface lease agreement. If an agreement cannot be negotiated, the company has the option to apply to the SRB for the right to enter the land. The SRB will typically not grant a right of entry order until the company has a permit from the BC Energy Regulator for the proposed oil and gas activity.
The company can begin the application process by completing SRB Form 1B.
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