Currently there is no mechanism for a company to request that a private surface agreement (PSA) be removed from the registry if an occupant no longer occupies the land.
Currently there is no way for a company to request a change in operator for the PSA. Any changes to the agreement would be addressed in the Section 64 request process.
No. The AER does not have an appeal process for PSAs. Appeals can be made to the Court of Appeal.
PSAs will not be linked to the well, facility, or pipeline licence.
A PSA will be closed in the registry if an owner or occupant requests it or the agreement expires.
Registering a PSA is an option available to landowners and occupants if they feel a term or condition of their agreement is not being met. Mediation and dispute resolution are still an option that is encouraged by the AER.
There have been no changes to the jurisdiction of the Surface Rights Board or to the Surface Rights Act as a result of the AER’s new PSAR. PSAR is just an additional option available to landowners and occupants.
When the AER notifies a company of a section 64 request, information will include dates by which a company should respond.
You can request a PSA from the AER’s Information Product Services using company name, location of the energy resource activity or the AER registration number.
Agreements dated before November 30, 2013, will not be registered in PSAR. Existing mechanisms for dispute resolution remain in place if there is an issue.
Parties who meet the definition of owner or occupant as defined in REDA are eligible to register a PSA.
As long as a party can be defined as an owner or occupant as outlined in REDA, they may register a PSA.
The AER may refer the dispute to the Surface Rights Board or the Court if it believes it is a more appropriate forum.
A PSA will remain active until the AER is made aware it has expired or the owner or occupant asks to have it closed in the registry.
As long as an agreement meets the definition of private surface agreement as outlined in REDA, it can be registered as a PSA.
An owner or occupant may send in an amendment and the original agreement will be updated.
Information is available on the AER’s website www.aer.ca under Applications and Notices : How Do I Get Involved and within the EnerFAQs How to Register a Private Surface Agreement.
A PSA will only be considered for the purposes of a section 64 request.
Owners and occupants should keep a record of the PSA registration number and use it in all correspondence relating to it.
An expiry date can be entered if one exists on the agreement being registered.
Any assignment clause would be considered part of a section 64 request.
The new EnerFAQ must be offered as per Directive 056.
No. There isn’t currently a searchable database of PSAs.
If an agreement meets the definition of private surface agreement as defined in REDA, it may be registered.
Each FOIP request will be considered on a case-by-case basis.
If a party meets the definition of owner or occupant outlined in REDA, they are eligible to register a PSA.
The AER will close the request if it is found to be without merit.
The AER may consider enforcement action if a company does not comply with an order.
Alternative dispute resolution will be an option available to parties for section 64 requests
Yes. It is ok if your company sent out notification before November 30 that did not include the EnerFAQ on PSAR even if the activity is to occur after November 30.
No. There is no charge for making a section 64 request.
The company will be notified once a section 64 request is registered.
A section 64 request will not trigger a regulatory appeal.
Once a section 64 request has been registered, it is available on the public record.
Only a person or group of people who have entered into a PSA with a company may make a request under section 64 to review the PSA.
All documents related to the PSA are available through a FOIP request. Once a Section 64 request has been made all documents will be placed on the public record.
Yes. Responsible Energy Development Act allows agreements to be registered even if a confidentiality provision exists.