No. 90 5th Session, 14th Legislature, Alberta 11 Elizabeth II BILL 90 A Bill to amend The ~ight of Entry Arbitration Act HON. MR. PATRICK PrInted by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1963

Explanatory. Note 2. See note to cIlause 3 (a). 3. (a)

Section 12(1) is reworded to make it clear that a mineral operator may acquire the interests of an owner or occupant of land separately, either by agreement or by an order of the Board. Each owner and occupant may negotiate individually as to his own interest. This change necessita,tes other amendments in the BilL (,b)

Section 12 (6) is amended to conform to The Clay and Marl Act passed in 1961.

BI LL No. 90 of 1963

An Act to amend The Right of Entry Arbitration Act (Assented to , 1963) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of A lberm , enacts as follows: 1. The Right of Entry Arbitration Act, being

chapter 290 of the Revised Statutes, is hereby amended.

Section 2 is amended by adding the following new clause immediately after clause (f) : (g) "respondent" means an owner or occupant named as a respondent in an application to or in an order of the Board.

Section 12 is amended (

a) iby striking out subsection (1) and by substituting the following: 1'2.

(1) No operator has a right of entry, user or taking of the surface of any land for' (

a) the removal of minerals contained in or under­ lying the surface of such land or for or in­ cidental to any mining or drilling operations, (

b) the laying of pipe lines for or in connection with any mining or drilling operations, or the production of minerals, or (

c) the erection of tanks, stations and structures for or in connection with a mining or drilling operation, or the production of minerals, until the operator (

d) has obtained the consent of the owner of the surface of the land, or has become entitled, with respect to the interest of the owner, to entry Iby reason of an order of the Board, and (

e) has obtained the consent of the occupant, if any, of the surface of the land, or has become entitled, with respect to the interest of the occupant, to entry by reason of an order of the Board. (

b) as to subsection (6), clause (a), subclause (ii), by striking out the words Hsand and gravel" and by substituting the words "sand, gravel, clay and marl".

2 4. !See note to clause 3 (a). 5. (

a) See note to clause 3(a). (

b) Section 18, subsection (2) presently reads: "

(2) Tlhe amount dep,OisHed by the operatoT as security under sub­ ,seotion (1) shalll ,s1:Jand rus oharged with and is avaiilable for :the payment from time t'O Hme of such s'ums as the Board may direct to be paiid in respect of the Tights rtlhat are the subject ma.uter of an order gmmed under subseC/tLon (1) and in re,speot of the C/osits 'Of and in­ cidental to -the appli>cruuion." The deposit will provide security for the first year's compensa­ tion. Subsequent annual compensation will 'be recoverahle under The Surface Reclamation Act. (See Bill 85). (c), (

d) and (e): See note to clause 3(a).

Section 1,9 (1) is reworded for clarification. The present sub­ section (2) which requires sUlbmission to the Board of a copy 'Of ,the approval of the Oil and Gas Oonse'rvat'ilQn Board is unnecessary. The new suhsection (2) relates to cases where an injection well is converted ,into 'a producing we'll.

Section 13, subsection (2) is amended by striking out the words "owner of the land and on the occupant thereof" and by substituting the word "res.pondent".

Section 18 is amended (a )as to subseCJtion (1) (

i) in clause (a), by striking out the words "owner and occupant" and by substituting the word "respondent", and (ii) in clause (b), by striking out the words "owner and the occup1antt" and by substituting the word "respondent" , (

b) by striking out subsection (2) and by substituting the following:

(2) The amount deposited by the operator as security under subsection (1) shall stand as charged with and is available for the payment of such sums as the Board may determine as the compensation .payable for the first year or portion thereof that the order under subsection (1) is in effect and as the costs of and incidental to the application. (2a) The Board may on behalf of the operator pay the whole or any part of the amount deposited as security to the person to whom the compensation is payable. (

c) as to suibsection ( 4) by s,triking out the words '~owner and 'by the occupant" and by substituting the word "respondent", (

d) as to subsection (6), by striking out the words "to the owner and occupant" and by substituting the words "by the operator", and (

e) as to subs,ection (7), by striking out the words "an owner and occupant" and by substituting the words "the respondent".

Section 19 is amended by striking out subsections (1) and (2) and by suibstituting the following: 19.

(1) Where the surface of any land is required for the drilling or operating of a well, or for the necessary in­ stallations at or pipe lines to or from a well, the Board by order may grant the right of entry, user or taking of the surface of the land where the well is to be used for the pur­ pose of (

a) repressuring, recycling or pressure maintenance in a petroleum or natural gas field, pool or area, (

b) the storage or disposal of (

i) natural gas, (ii) processed or treated natural gas, or (iii) products of petroleum or natural gas,

a 7. See note to clause 3(a). 8. See note to clause 3'(a).

Section 27, subsections (4) and (5) presently read: "

(4) The Board shall hold the inqudry and may (

a) direct the operator to restore the land as nearly as poss[rble D.o the same conilit.ion 3)S it was bef.ore the exercise .of the right .of entry and fo·r that purpose may dd,rect the .operatior t.o remove struatures, fiU excavrutions and d.o a11 such .other things as the Board deems proper, and (

b) impose a penalty on the .operator for failure to carry out the dJireations of tJhe Boa'rd.

(5) Up.on being s8Jtisfried tha:t the directions, if any, given under sub­ section (4) have been carried out by the operator the Boa;rd may make an orner terminating the rJ.grut of entry as to the land or any part thereof." The amendments are made necessary by The Surface Reclama­ tion Act (Bill 85.). The new subsecHon (7) is the present subsection ( 6) revised. 10. The present para,graph 5 revirsed. See n'dte to clause a'(a). Form A is the form of application for right of entry and sets out the information required to be given by a mineral operator.

3 (

c) the storage and disposal of water or any other substance . produced from or to be injected in an underground form·ation, or (

d) obtJainiing water for ·any operation mentioned in clause (a), (

b) or (c).

(2) Where an interest in the surface of any land has been acquired under an order of the Board for any purpose mentioned in subsection (1), the operator has the right to enter upon, use and take the surface of the land for any of the purposes mentioned in subsection (1) of

section 12.

Section 2.2, subsection (1) is amended by striking out the words "owner, the occupant" and by substituting the word "respondent".

Section 26, sUlbsection (4) is amended by striking out the words "awarded to the owner or occupant" and by sub­ stituting the word "payable,".

Section 27 is amended by striking out subsections (4) to (6) and by substituting the following: ( 4) The Board shall hold the inquiry and may make an order terminating the right of entry as to the land or any part thereof.

(5) Where the respondent named in the order is the owner, the Board shall not terminate the right of entry as to the land or any part thereof until a reclamation cer­ tificate has been issued for that land in any case to which The Surface Reclamation Act applies.

(6) Where a reclamation certificate has been issued under The Surface Reclamation Act, the Board may, with­ out any inquiry, make an order terminating the right of entry.

(7) Notwithstanding any of the provisions in subsection (2), (3) or (4), if it is indicated to the Board that the termination of a right of entry should be considered, the Board (

a) may inquire linto the matter, and (

b) may, if the circumstances in the opinion of the Board so warrant, make an order terminating the right of entry as to the land or any part thereof. 10. Form A in the

Schedule is amended by striking out paragraph 5 and by substituting the following: 5. The applicant has been un!l-ble ~o reach. an agreement for the acquisition of the reqUIred Interest In the surface of the land with the respondent because....... . ........... . ......................................

4 II. Commencement of Act and application.of clause 3 of the Bill.

4 11.

(1) This Act comes into force on the first day of June, 1963, but

section 3 does not apply in any case where an operator, prior to the first day of June, 1963, has exer­ cised the right of entry, user or taking of the surface of land pursuant to an order of the Board or in accordance with the provisions of a grant, conveyance, lease, licence or other instrument.

(2) Where an application was made to the Board prior to the first day of June, 1963, but the proceedings with respect to the application have not been completed, the proceedings may be completed as if

section 3 had not been passed.

No. 90 FIFTH SESSION FOURTEENTH LEGISLATURE 11 ELIZABETH II 1963 BILL A Bill to amend The Right of Entry Arbitration Act Received and read the First time. Second time Third Time .............. . HON. MR. PATRICK Title: 1963 (14th, 5th) Bill 90,

An Act to amend The Right of Entry Arbitration Act