Frequently Asked Questions
Who is entitled to compensation?
In Alberta, according to Section 36 of the Surface Rights Acts (3) where any money payable by an operator under a compensation order or surface lease has not been paid and the due date for its payment has passed that the person entitled to receive the money may submit to the Board written evidence of the non-payment.
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A representative, like Agri-Energy Partners, may apply for this compensation on your behalf.
What if the operator only pays a portion of my rental payment?
According to Section 36 of the Surfaced Right Act, an operator is required to pay the agreed on (or ordered) amount of compensation until that rate is changed by mutual agreement or Board order. If the operator pays less than that amount, the operator is in breach of the lease agreement or Board order, and the landowner can apply to the Board under Section 36 of the Surface Rights Act, RSA 200, c. S-24 to obtain payment of the full amount owing. (the Negotiator, 2016).
How long will it take to receive payment?
How long it takes to receive payment will depend on a number of factors. This is a complicated process with a number of steps (see Flow Chart). In general if an operator chooses not to compensate the landowner once the demand had been sent, the Land and Property Rights Tribunal will make their decision within 18 months, but in some cases it does take longer. Amendments to add additional unpaid years can be made to your application while you are waiting.
How much does your service cost?
We have made this process affordable for landowners. We have a flat rate fee per application. If you are a member of Agri-Energy Partners Ltd., discounts are available on each application. Fees for applications are paid up-front. Payments following decision are mailed directly to the landowner. In the past two years, we have recovered nearly $5 million for our clients.