What is the Mediation and Arbitration Board?
How is an application made to the Mediation and Arbitration Board?
Renegotiating Rental Provisions
Forms
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).
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:
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Title search of property less than two weeks old
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Affidavit(s) verifying service as required under section 16 (2).
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Copy of subsurface tenure
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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:
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Title search of property less than two weeks old
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Affidavit(s) verifying service as required under section 16 (2).
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Copy of original surface lease and/or Board Order (with map of project),
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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:
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Title search of property less than two weeks old for privately held land
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Federal topographic map of affected area
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Mineral/placer/coal (as applicable) titles reference map, showing the mineral, Placer or coal tenure, or
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the access road/trail (as applicable) in relation to the surface tenure.
The annual rental provisions in a surface lease or Board Order may be renegotiated every five years. Either a landowner or an operator may commence rent renegotiation by completing Form 2 and sending it by registered mail to the other party. The landowner and operator should then hold discussions between themselves in attempt to mutually agree to new rent provisions. If they are not successful within 8 months of the date of Form 2, either the landowner or the operator may apply to the Board for mediation and arbitration using Form 1D. See Information Sheet #12 - Rent Review for more information.
