What To Do When a Company Fails To Make Annual Rental Payments

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Under section 36 of the Surface Rights Act, a landowner may apply to the Surface Rights Board (SRB) for a Recovery of Rentals when an operator fails to make its annual rental payments under a private surface agreement or Right of Entry order.

Surface Rights Act, RSA 2000 Section 46 (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, the person entitled to receive the money may submit to the Board written evidence of the non payment.

When an application is received under section 36, the SRB will provide written notice to the operator demanding payment. If the notice is not heeded, the SRB can suspend and/or terminate the operator’s rights to the site. Note that this action does not terminate the lease and its associated responsibilities for abandonment and reclamation.

If payment is still not made once the rights have been suspended, the SRB may direct payment of the rentals from General Revenue until reclamation is complete.

To apply for a Recovery of Rentals, a landowner must complete the appropriate form on the SRB website and file it with the required attachments.

The FAO encourages landowners to apply to the SRB as soon as possible after the operator is in arrears.

For more information and application forms, please contact the SRB.

Alberta Surface Rights Board
TF: 310-0000 + 780-427-2444

A note for our British Columbian and Saskatchewan neighbours:
This document outlines the approach for unpaid rentals for sites in Alberta. To find out what recourse is available for unpaid rentals in BC or Saskatchewan, please contact your local authority:

Saskatchewan Surface Rights Act

BC Surface Rights Board

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For more information about the content of this document, contact Janet Patriquin.
This information published to the web on July 28, 2015.
Last Reviewed/Revised on July 18, 2017.