An Alberta man who helped landowners negotiate with oil and gas companies even though he wasn’t a licensed land agent has lost his appeal.
Court of Queen’s Bench judge L.D. Acton ruled the lower court judge did not err when finding Ray Strom guilty of breaking the law by accepting a fee on behalf of landowners during negotiations with three companies between October 2002 and November 2003.
“Mr. Strom fits within the definition of land agent,” Acton wrote in a Feb. 25 judgment.
However, the law stipulates that negotiations must be conducted through a licensed land agent. Alberta has about 1,200 licensed land agents, but almost all but a dozen work for energy companies.
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Strom said the appeal court judgment is a blow to farmers who don’t have the expertise or knowledge to negotiate with professional land agents trying to acquire land.
“Now they’re telling me I can’t have anybody I want when the oil patch comes to take my land,” Strom said.
“That’s still the bottom line.”
During the original ruling, judge Peter Ayotte acknowledged that the act favours the oil and gas industry.
Strom said it is now up to landowners, farm groups, consultants and advisers to demand the act be changed.
“Until people who want to represent landowners stand up and go to war for what is correct, and ultimately landowners stand up and go to war for their rights, nothing will change,” he said.
“It’s going to take us as landowners to say, ‘enough, you’re not going to do it any more.’ These politicians would back down in a heartbeat if landowners had their feelings known.”
Strom has 30 days to appeal the decision.
“We’ll have to give heavy thought to whether it’s worth it to carry the battle on.”
Barrie Harrison, spokesperson for the provincial employment, immigration and industry department that is in charge of land agents, said the ruling means nothing will change with the existing Land Agents Licensing Act.
“From our end, from the review of any act, nothing changes. There’s nothing to suggest there’s anything wrong with the act.”
Harrison said if the ruling isn’t appealed, the ministry would likely study the act to see if changes are needed.
“It’s fair to say that regardless of the outcome of the Strom decision, there have been some points brought forward and the folks in our ministry will be taking a look at and determining whether any revisions need to be made,” he said.
“Anytime there’s a court process that might bring up questions we feel are legitimate and should be looked at, we’ll look at.”
Warren Brower, chair of the Alberta Surface Rights Federation’s land agents licensing committee, said he hopes the government will change the rules.
During a meeting of the Conservative party’s rural caucus committee last spring, MLAs told Brower they were prepared to change the law but not when it was before the courts.
“They said farmers would be exempt.”
Brower said government officials might not have been willing to change the regulations if Strom hadn’t forced the issue and ended up in court.
