Rules

1. exercise any of its powers, and

2. waive or modify, in exceptional circumstances, any one or more of these Rules, the practices and procedures, and any other decisions of the Board, including shortening or lengthening any time limits.

1. an order limiting the participation of a party or a party representative in the proceeding or limiting the evidence which may be presented by a party or a party representative in the proceeding;

2. where the non-complying party is the applicant, a decision that the application on a matter or written request on preliminary or interim matters is dismissed or deemed to be withdrawn; or
3. an order that the non-complying party pay the costs of another party or of the Board resulting from the non-compliance by the party or the party’s representative.

1. the applicant’s name and contact details, and of any representative;

2. the reason for the filing or a description of the relief sought;

3. a reference to the section of the relevant statute or Rule relied upon;

4. a clear and concise statement of the facts relevant to the submission; and

5. any other information required by the relevant legislation or useful in explaining or supporting the submission.

1. is incomplete or fails, other than inconsequentially, to comply with these Rules, and any practice directives, or decision of the Board;

2. fails to comply with the requirements of the Act including that it is clearly not within the jurisdiction of the Board; or

3. was not received before a relevant deadline or limitation.

1. may give the party the opportunity to provide further information, evidence, or submissions; and

2. may conduct an Arbitration in a manner it deems appropriate, after due notice to all parties, to determine whether the Board has jurisdiction.

1. include information as to how the person requesting to be added is directly affected by the application; and

2. state the level of requested participation.

1. require a case conference to be conducted in person, by telephone or video conference, in writing, or by any other means thought appropriate considering the circumstances including the convenience and cost to the parties and any need to view the land at issue;

2. canvass the issues and assist the parties to clarify, narrow or simplify the issues;

3. where jurisdiction of the Board is at issue, schedule or reschedule a process to determine the jurisdiction of the Board;

4. require the parties to prepare and file with the Board, before or after the case conference:

   1. a mutually agreed statement of facts, or

   2. written submissions or summaries of any or all issues;

5. require a party to produce to the Board or another party, or allow the Board or another party access to any of the following:

   1. any documents or other information which may be material and relevant to an issue, including an expert report to be tendered at an arbitration, or

   2. lists of witnesses intended to be called at an arbitration,

   3. a written summary of:

      1. a witness’s evidence or “will say” statement,

      2. expert reports to be tendered at an arbitration, or

      3. written submissions;

6. require a party or a proposed witness to answer, under oath or affirmation by way of oral examination or affidavit, questions of another party before the commencement of an arbitration;

7. schedule a site visit and determine the terms of participation for a site visit;

8. schedule, reschedule, or adjourn a mediation or arbitration;

9. impose time limitations and terms and conditions in respect of any of the above, or any other process necessary for the fair and efficient management of a mediation or arbitration; and

10. make any decision and issue any order as the member considers appropriate:

1. require a mediation to be conducted in person, by telephone or video conference, in writing or by any other means thought appropriate considering the circumstances including the convenience and cost to the parties and any need to view the land at issue;

2. meet individually with the parties by phone or video conference in advance of or during the mediation;

3. make procedural orders relating to the mediation, as the member considers appropriate for the efficient conduct of the mediation;

4. facilitate discussion between the parties towards a settlement of the issues;

5. canvass the issues and assist the parties to clarify, narrow, simplify or agree on issues;

6. provide non-binding opinions or evaluation of:

   1. any issue in the application, and

   2. the likelihood of success of any issue in the application;

7. make a consent order resolving the application;

8. make an order authorizing right of entry under section 159 of the Act subject to the terms and conditions specified in the order including requiring the person who is seeking the right of entry to pay a security deposit under section 160 of the Act;

9. schedule one or more additional mediations; and

10. refer the application to the Board for arbitration, if the mediator believes the application cannot be resolved by mediation.

1. including identification or summary of the issues and any orders, directions or rulings of the mediator affecting the future conduct of the matter, but

2. excluding any discussion on the positions of the parties on any issue, and any non-binding opinions or non-binding evaluation of the success of any issue offered by the mediator.

1. require the arbitration, or any part, be conducted in-person, by video conference, by telephone conference call, by written submissions, or by some other manner as thought appropriate considering: the convenience and cost to the parties, witnesses, and the Board, and other circumstances including any need to view the land at issue;

2. make procedural orders, including concerning the making of submissions and the order of proceedings;

3. administer oaths and affirmations;

4. make determinations on the admissibility of evidence;

5. require the production of evidence;

6. require the attendance of witnesses;

7. proceed in a party’s absence or in the absence of any submissions from a party where the party has had notice of the proceeding;

8. ask questions:

   1. of a person making submissions to clarify issues or facts, or

   2. of a witness that may be in the nature of direct examination or cross-examination;

9. place time limitations on any part of an arbitration including the presentation of evidence, the examination or cross-examination of witnesses, or the presentation of opening or closing submissions;

10. require parties to present written submissions;

11. add parties or allow interveners to participate subject to terms and conditions that a panel may impose, including:

    1. limiting access to documents, to make submissions, or other participation at an arbitration, and

    2. posting or paying of costs;

12. adjourn, reschedule, or add additional time for an arbitration;

13. make an order for a party or participant, including an intervener, to pay all or part of the costs of another party or intervener, and those of the Board;

14. convert an arbitration into a settlement conference with the consent of the parties; and

15. make a consent order resolving the application.

1. each party; and

2. any intervenors or other participants authorized to participate by the Board; and must deliver an original of the expert’s written report to the Board to be marked as an exhibit along with sufficient copies of the expert’s written report for each panel member

1. 60 days for an initial expert report;

2. 30 days for an expert report made in response to the opinions in the expert report delivered under 3(a) above; and

3. 15 days for a subsequent rebuttal by an expert to the response expert report delivered under 3(b) above.

1. the expert's contact details;

2. a statement of the expert’s area of expertise, qualifications, and employment in their area of expertise;

3. the instructions provided to the expert in seeking the opinion;

4. the expert's opinion including reasons for their opinion;

5. a description of facts and assumptions relied on in making their opinion;

6. citations for any resources relied upon in making their opinion; and

7. a statement that the expert is aware of the expert’s duty and has made the report in conformity with that duty.

1. the witness’ contact details;

2. the reason the witness’ attendance is required;

3. any attempts made to have the witness voluntarily attend the arbitration or provide documents or other information;

4. a description of any documents or other items which the witness is requested to bring to the arbitration; and

5. the reasons why the witness’ evidence, documents or other items are relevant to the issues in the arbitration.

1. further information or submissions from the parties; and

2. the parties to attend a case conference.

1. must be delivered in writing no less than seven (7) calendar days before the scheduled date of the arbitration, or if the arbitration is by way of written submissions, no less than seven (7) calendar days in advance of the first scheduled submission date; and

2. must not be disclosed to the Board or Panel or included or referenced in any document used in an arbitration until the application is withdrawn or all issues in the Arbitration other than costs have been determined and reasons provided to the parties.

1. whether an offer to settle was one that ought reasonably to have been accepted;

2. the relationship between the terms of settlement offered and the final determination of the Board; and

3. any other factors the Board considers appropriate.

1. Request the Board dismiss the application; or

2. Apply for a consent order from the Board iincorporating the terms of settlement.

1. require further information or submissions from the parties; and

2. require the parties to attend a telephone or video conference and make further submissions regarding the application for a consent order.

1. a clerical or typographical error,

2. an accidental or inadvertent error, omission or other similar mistake, or

3. an arithmetic error.

1. there has been a change in circumstance since the making of the Board’s order;

2. evidence has become available that did not exist or could not have been discovered through the exercise of reasonable diligence at the time of the making of the Board’s order; or

3. the Board made a jurisdictional error including a breach of the duty of procedural fairness, or a patently unreasonable error of fact, law or exercise of discretion in respect of matters within the Board’s jurisdiction.

1. be delivered to each other party; and

2. be in writing, on such form as may be required, setting out the grounds for reconsideration including:

   1. a summary of any new evidence relied on in support of the reconsideration;

   2. a statement, as appropriate, of any change of circumstance since the making of the relevant Board order; and

   3. the details of any alleged jurisdictional error.

1. reasons to support the request;

2. a detailed description of the costs sought; and

3. copies of any invoices or receipts for disbursements.

1. A summary of the nature of the actual costs the landowner anticipates will be incurred; and

2. an estimate of the amount of actual costs the landowner anticipates will be incurred in connection with an application.

1. the reasons for incurring costs;

2. the contribution of counsel and experts retained;

3. the conduct of a party in the proceeding;

4. whether a party has unreasonably delayed or lengthened a proceeding;

5. the degree of success in the outcome of a proceeding;

6. the reasonableness of any costs incurred;

7. any without prejudice offer to settle properly disclosed to the Board; and

8. any other factor the Board considers relevant.

“Act” means the Petroleum and Natural Gas Act, RSBC 1996, c 361, as amended;

“address for delivery” means contact details as filed with the Board and to which written (including electronic) communication may be delivered about a matter before the Board;

“applicant” means one or more persons who files an application with the Board and any person that the Board adds as an applicant;

“application” means an application to the Board for mediation or arbitration under the enactments listed below, all as amended:

“arbitration” means a hearing of the Board to adjudicate a matter.

“Board” means the Surface Rights Board established under section 146 of the Act, and the Board Chair, a panel, Panel Chair, and any member when empowered to make a decision as permitted under section 26(6) and (9) of the Administrative Tribunals Act, SBC 2004, c 45;

“Board Chair” or “Chair of the Board” means the Chair of the Board, or acting Chair;

“business day” means during the hours that the Board office is normally open on a day other than Saturday, Sunday or another holiday listed in the definition of “holiday” in the Interpretation Act>, RSBC 1996, c 23;

“contact details” means name, current postal address, physical address, telephone number, email address, and facsimile transmission number (as far as each is known or relevant) and any designated address(es) for delivery;

“decision" includes a determination, an order or other decision;

“deliver” means sending or depositing required notices or documents to, or at, to the address for delivery of a participant, which may be by physical delivery or electronic delivery as permitted by the Board;

“document” includes paper, letter, book, map, plan, drawing, photograph, film, recording, optical or electronic storage device, and any other thing on which information is recorded or stored;

“electronic” means created, recorded, transmitted or stored in digital or other intangible form by electronic, magnetic or optical means or by other similar means;

“expert report” and “expert evidence” means evidence expressing an opinion based on education, training or experience;

“file” means to file with the Board in such form, or manner, with such information and payment, as required by the Board;

“holiday” has the meaning as defined in the Interpretation Act, RSBC 1996, c 23 (see section 29);

“include” in relation to an application or other document (matter), includes ‘being accompanied’, and for electronic sending includes being ‘attached’, ‘sent with’ or sent contemporaneously without delay as part of a transmission sequence identified as connected or intended as a package;

“matter” includes application and any preliminary or interim request or motion, or consideration, and any permitted review or enforcement after a decision excluding those made to the court;

“mediation” means a facilitated negotiation, or “facilitated settlement process” within the meaning of the Administrative Tribunals Act, SBC 2004, c 45;

“mediator” means a member or members appointed by the Board Chair to mediate an application;

“member” means a member of the Board appointed under the Act, and includes the member designated as the Board Chair or Vice-Chair of the Board, a panel of members, a temporary member appointed under section 6 of the Administrative Tribunals Act, SBC 2004, c 45, and a temporary Chair appointed under section 4 of that Act;

“Panel Chair” means the member designated to preside at an arbitration, or in the case of a one-person panel, that member;

“panel” means a member or members empanelled by the Board Chair to adjudicate a matter;

“participant” means an interested party that the Board designates as allowed to participate as the Board may specify;

“party” means an applicant or respondent, and where the context requires such participants as designated by the Board;

“practice directive” means any practice direction or direction, set of requirements, guidance or information issued by the Board to support or supplement rules of practice and procedure, or to guide or inform. These may be issued to apply on a one-time or ongoing basis;

“practices and procedures” means the practice and procedure made under the authority of the Board;

“proceeding” includes an action, cause, matter or other proceeding before the Board;

“produce” in relation to a document or other thing means to provide directly or by any other means specified in the Rules or decisions of the Board so that the document or other thing is received at the address for delivery of the intended recipient on or before the time or business day it is required to be produced;

“representative” means a lawyer, or another person, appointed by written authorisation filed with the Board in such form as the Board may require and who is not otherwise disentitled under these rules;

“respondent” means one or more persons against whom an application is made and any person the Board adds as a respondent;

“Rules” means these Surface Rights Board Rules in this publication, and any update to the publication issued by the Board, unless a contrary intention appears; and

“serve” has the same meaning as “deliver” and “service” as an act of delivery.

1. Where a term is defined, other parts of speech and grammatical forms of it have corresponding meanings.

2. Definitions or interpretation provisions apply throughout including the section containing a definition or interpretation provision.

3. A reference in these Rules to any enactment, including any statute or regulation, means that enactment as amended or substituted from time to time.

4. Calculation or determination of days and time periods shall be governed by the Interpretation Act RSBC 1996, c 23, which adjusts for holidays. These calculations shall apply under these Rules, and to any practices, procedures, and decisions unless a different intention appears.

   Headings and subheadings are for convenience of reference or guidance and are not part of the Rules unless a different intention appears.

1. Within 200 km by road (including any ferry route within provincial road system) of where the witness resides, $.30 per km each way by road (excluding any ferry route) between his or her residence and the place of hearing and the cost of any ferry passage for a passenger vehicle and driver and any road tolls; or

2. More than 200 km from where a witness resides, the cost of return economy airfare by scheduled airline plus $.30 per km each way from the witness’s residence to the departure airport and the cost of ground transportation by taxi or shuttle bus from the arrival airport to the place of the hearing.