Consultation to begin on surface rights changes

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Published: June 28, 2013

Cattle producers want their rights protected

MOOSE JAW, Sask. — Saskatchewan cattle producers want to be at the table when the province’s surface rights legislation is updated.

Many of them graze cattle on land where oil and gas companies also do business.

Provincial energy minister Tim McMillan last week confirmed the ministry is going to update the act, which was last amended in 1978.

“This is the year,” he said.

“It’s been about 30 years since the act was updated and the nature of both industries has changed.”

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The Surface Rights Acquisition and Compensation Act and its regulations set out how surface rights are acquired, compensation for those rights and maintenance and reclamation of the land involved.

The act also provides an arbitration board to hear disputes between landowners and companies.

Chair Duane Smith said the board has requested changes for a number of years.

He said the oil and gas industry has evolved since the act was implemented, and the legislation needs to accommodate current practices.

The board made a formal presentation to the minister earlier this year and is expecting to be involved in recommending changes.

For example, the act allows the board to award payments only up to $1,000 for damage, such as if a company worker left a gate open, a cow got out and was subsequently hit by a truck.

Smith said the landowner’s only avenue beyond that is to sue the company, but it might make more sense to increase the limit the board can award.

Other issues the board has identified for change include the notice period for right of entry and how a company cleans up a site.

The current act doesn’t specifically allow weeds to be sprayed; it says they must be cut down and rooted out.

Saskatchewan Stock Growers Association members said at their annual meeting that they want to make sure their rights are protected as the legislation is updated.

They passed a resolution that the organization be represented during the review process.

McMillan said consultation will take place during the summer and recommendations made by fall. Legislative changes likely wouldn’t be introduced until next fall.

He said the stock growers will be among the stakeholders consulted.

About the author

Karen Briere

Karen Briere

Karen Briere grew up in Canora, Sask. where her family had a grain and cattle operation. She has a degree in journalism from the University of Regina and has spent more than 30 years covering agriculture from the Western Producer’s Regina bureau.

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