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LEVEL OF DESCRIPTION: Sous-fonds
No.: GR0005.013SF
TITLE: Surface Rights Board sous-fonds
CREATOR: Surface Rights Board
DATE RANGE: 1947-1987
EXTENT: 1.35 m of textual records and maps
ADMINISTRATIVE
HISTORY/BIOGRAPHICAL SKETCH: Dates of Founding and/or Dissolution:
The Surface Rights Board was established in 1972.

Functional Responsibility:
The Surface Rights Board's powers and duties are set out in the enabling legislation, Surface Rights Act, (S.A. Chapter 27.1, 2000). The main function of the Surface Rights Board is to maintain a quasi-judicial system for a just, economical and timely process for all parties involved in disputes regarding the right of entry. While upholding the integrity of the Act for the protection of landowners affected by right of entry the Board must also ensure the ability to extract minerals in a timely manner for the benefit of all Albertans. In arbitrating surface rights disputes the Board can determine and review compensation.

The Surface Rights Board also dealt with the expropriation of land. The Expropriation Act (S.A. Chapter 27, 1974), that came into force on July 9, 1974, repealed The Expropriation Procedure Act (S.A. Chapter 30, 1961), under which the Board had previously dealt with expropriation for pipe lines, power lines, power plants, dams, reservoirs, etc. There were substantial changes to the new Act in the procedure for expropriation and the Board's function in connection therewith.

Under the new Act, the Surface Rights Board had jurisdiction regarding expropriation authorized under or pursuant to:
The Pipe Line Act (R.S.A. Chapter P-8, 1980);
The Water, Gas, Electric and Telephone Companies Act (R.S.A. Chapter W-4, 1980);
The Water Resources Act (R.S.A. Chapter W-5, 1980);
The Hydro and Electric Act (R.S.A. H-13, 1980).

This jurisdiction was later limited regarding expropriation under the Expropriation Act authorized under or pursuant to the Hydro and Electric Energy Act (S.A. Chapter H-13, 2000).

Predecessor and Successor Bodies:
A Board of Arbitration was established in The Right of Entry Arbitration Act (S.A. Chapter 24, 1947). The Surface Right Act (S.A. Chapter 91, 1972) repealed and replaced The Right of Entry Arbitration Act. The Surface Rights Board in the new enabling legislation continued the function of arbitrating surface right disputes.

Administrative Relationships:
The Surface Rights Board reports to the Minister. In the 1972 enabling legislation, Minister was defined as the Minister of Agriculture. An amendment to the act in 1988, (S.A. Chapter 31, 1988), struck out the definition and replaced it with Minister being defined as a member of the Executive Council charged with the administration of the Act. The Surface Rights Board reported to the Minister of Agriculture until 1986 thereafter reported to the Associate Minister of Agriculture. The Board is appointed by the Lieutenant Governor in Council. The Lieutenant Governor in Council designates a chairman and also sets remuneration for the Board.

Administrative Structure:
In 1972, due to decentralization a second Surface Rights office was established in Calgary. Initially the Surface Right's Board consisted of not more that seven members, this evolved to a number determined by the Lieutenant Governor in Council.

Names of Corporate Bodies:
The Board created in the 1947 enabling legislation was known as The Right of Entry Arbitration Board. The 1972 legislation changed the name of the Board to the Surface Right's Board.

Names of Chief Officers:
P. J Skrypnyk (1972)
John D. McAuthur (1972-1975)
K. J. Spread (1976 (Acting Chairman))
C. H. R. Nielson (1977-1984)
C. J. Purves (1985-1997)
Les Miller (1998-[2000?])

CUSTODIAL HISTORY:The Right of Entry Arbitration Board was established under the administration of the Attorney General's Department, and remained there from 1947 to 1951. In 1951 the Board was transferred to the jurisdiction of the Department of Mines and Minerals. In 1971 The Right of Entry Arbitration Board was transferred to the Department of Agriculture.
SCOPE AND CONTENT: The sous-fonds consists of General Correspondence (1947-1981); and Land Ownership maps (1947-1987).
RELATED RECORDS: This group of records is related to the Land Compensation Board sous-fonds.
RELATED FONDS: GR0005 (Agriculture, Food and Rural Development fonds)


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