Sublease Consent

Section 43(1) of the Public Lands Act requires a disposition holder to obtain the written consent of the regulator to sublease the land contained in the holder’s disposition.

Once consent has been received to sublease land that is under disposition, the consent and agreement will be registered in the Alberta Energy Regulator’s (AER’s) records as a private surface agreement (PSA) along with a six-digit numeric code.

Application Guidelines for Sublease Consent

A disposition holder can apply for consent to sublease by submitting a request to the AER. The application is made under sections 13 and 146 of the Public Lands Administration Regulation.
The request for consent to sublease must include the following information:

  • A description of the proposed sublease use/activity
  • The term requested for the sublease
  • A sketch plan of the sublease area
  • A draft copy of the completed AER standardized sublease agreement

Before asking for consent to sublease, the applicant should consider the following:

  • Sublease use must be consistent with the terms of the disposition.
  • A sublease must not contravene any conditions of the disposition.
  • A sublease cannot be further sublet.
  • A disposition that is sublet cannot be mortgaged, transferred, or assigned.

Application Submission

The request for consent to sublease must be made by the formal disposition holder and is submitted by e-mail to AERSurfaceActivityApplication@aer.ca.

Review Process for Sublease Consent

Once the request to sublease is received, the application is reviewed for administrative completeness. This part of the review ensures that the documents required for the application have been attached, that they relate to the application, and that other administrative requirements have been met. Any application that does not meet the administrative requirements will be rejected. 

Once the administrative review is completed, the technical review begins. A detailed review is done to ensure that the information in the application accurately represents the current use and continued use of the disposition. During the review, it may be necessary to ask the applicant for more information to clarify the information submitted. If more information is required, a supplemental information request (SIR) is sent to the applicant by e-mail with a submission deadline. An application may be rejected if an SIR response is not received within the specified timeframe.

Upon conclusion of the technical review, a recommendation will be made. The reviewer may recommend that the application be rejected, refused, or approved. If approval is recommended, additional terms and conditions may form part of the recommendation.

All decisions are appealable: http://www.aer.ca/applications-and-notices/appeals.

Application Timelines

There are currently no timelines for the sublease consent process.