MEDIATION AND ARBITRATION BOARD

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How to Apply and Relevant
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Mediation and Arbitration Board > How to Apply and Relevant Forms

HOW TO APPLY AND RELEVANT FORMS

What is the Mediation and Arbitration Board?
How is an application made to the Mediation and Arbitration Board? Renegotiation of Rental Provisions 
Forms

What is the Mediation & Arbitration Board?
The Mediation and Arbitration Board exists under the Petroleum and Natural Gas Act, The Mineral Tenure Act, The Coal Act, and the Mining Right of Way Act. The board consists of up to nine members and is responsible for mediating and, when necessary, arbitrating disputes between landowners and oil companies or free miners (a free miner is defined as a person or company holding a valid and subsisting Free Miner Certificate).

How is an application made to the Mediation and Arbitration Board?
An oil or gas company or a landowner that would like to apply for mediation or arbitration must fill out an application available online or at the Mediation and Arbitration office. Depending on the section of the
Petroleum and Natural Gas Act that is relevant to the applicants circumstances, applications shall be accompanied by;

Application under Section 16 (1) (a) of the Petroleum and Natural Gas Act shall be accompanied by:

  • Title search of property less than two weeks old

  • Affidavit(s) verifying service as required under section 16 (2).

  • Copy of subsurface tenure

  • Letter of authorization to negotiate and bind company to agreement

Application under Section 16 (1) (b) of the Petroleum and Natural Gas Act shall be accompanied by:

  • Title search of property less than two weeks old

  • Affidavit(s) verifying service as required under section 16 (2).

  • Copy of original surface lease and/or Board Order (with map of project),

  • Previous rental adjustments: list or copy of actual documents

Applications under the Mineral Tenure Act, Mining Right of Way Act or Coal Act shall be accompanied by:

  • Title search of property less than two weeks old for privately held land

  • Federal topographic map of affected area

  • Mineral/placer/coal (as applicable) titles reference map, showing the mineral, Placer or coal tenure, or

  • the access road/trail (as applicable) in relation to the surface tenure.

Renegotiation of Rental Provisions
Rental provisions of the surface lease or Board Order may be renegotiated every fifth year. Renegotiations are initiated by one party sending the Form 2 online or to the Mediation and Arbitration office by registered mail to the other party.

If an agreement is not reached, either party may apply to the Mediation and Arbitration Board for an arbitration hearing. Rental renegotiation agreements may be retroactive.

Forms

 

Last Updated July 30, 2008