Land and Property Rights Tribunal Rescinds Order Over Surface Rights Dispute

The Alberta Land and Property Rights Tribunal has issued a decision to rescind an order made under the Surface Rights Act, resolving a dispute between Success Resources Ltd. and landowner Joan Horner. The Tribunal's decision correcting a clerical error and rescinding the original order demonstrates the importance of accuracy in administrative decisions and the flexibility of the Tribunal in addressing unforeseen circumstances.

Key Takeaways:

• The Land and Property Rights Tribunal has corrected a clerical error in an order made under the Surface Rights Act, removing Alberta Energy Regulator Licence No. 0179897 from the Style of Cause and adding Alberta Energy Regulator Licence No. 0179867.
• The Tribunal exercised its discretion to waive the six-month time limit for a request under section 29 of the Surface Rights Act, allowing the applicant to file a review of the original order over two years later.
• The basic requirements for review were met, as the original order was based on a process that was clearly unfair due to new evidence that became available after the initial decision, indicating that Success had paid the Crown.
• The Tribunal rescinded Order No. LPRT901121/2023, as the landowner received the full compensation for 2021, and Success had paid the Crown.
• The Panel's decision highlights the importance of considering new evidence and the flexibility of the Tribunal in addressing unforeseen circumstances.

Statistics:

• The Tribunal corrects a clerical error in an order made under the Surface Rights Act, affecting the accuracy of the administrative decision.
• The six-month time limit for a request under section 29 of the Surface Rights Act is waived by the Tribunal, allowing the applicant to file a review over two years later.
• The original order was based on a clerical error, and the correction does not impact the proceedings but is crucial for accuracy in future applications.

Decision:

The Tribunal exercises its discretion to waive notice requirements and rescind the original order, as the landowner received the full compensation for 2021, and Success had paid the Crown.

Sources:

• Success Resources Ltd. v Horner, 2025 ABLPRT 350
• Surface Rights Act, RSA 2000, c S-24
• Surface Rights Rules
• Canadian Natural Resources Limited v Main, 2020 ABSRB 735
• Rule 36 of the Surface Rights Rules
• Rule 6 of the Surface Rights Rules
• Rule 37 of the Surface Rights Rules
• Alberta Land and Property Rights Tribunal