Land Agent Licensing
Bulletin 2016/04
Standards of Conduct and
Annual Compensation Reviews
Disclaimer: This general information is provided as a courtesy only.
If you need specific or legal advice, consult legislation or seek legal counsel.
All Land Agents are informed that the Farmers’
Advocate Office has issued a Bulletin regarding
Annual Compensation Reviews. Please follow the link
to the Bulletin. Link:
http://www1.agric.gov.ab.ca/$Department/deptdocs.n
sf/all/ofa15888
As a professional Land Agent, you may be involved in
this type of activity. It is important to be aware of
current issues, practices and emerging trends in your
industry sector and the impact these have on your
profession.
Annual Compensation Review
Land Agents are reminded that the Surface Rights
Act has a number of requirements in regard to Annual
Compensation Review.
Under Section 27 of the Surface Rights Act, parties
to a surface lease or right of entry order that provide
for compensation on an annual or other periodic basis
are entitled to a review of the compensation every five
years.
The operator is responsible for giving notice that a
five year anniversary is approaching, but the review
can be requested by either party. Subsequent notices
must be given every five years thereafter.
If either party indicates that it wishes to have the rate
of compensation reviewed or fixed, the parties shall
enter into negotiations in good faith.
Failure to negotiate in good faith can have negative
consequences on the parties’ applications for costs
before the Board following a Section 27 hearing.
Alberta Labour
Land Agent Licensing
9th Floor
108 Street Building
9942 108 Street
Edmonton, AB t5K 2J5
Ph.: 780-415-4600
Toll Free: 310-0000 (Alberta Only)
Email:[email protected]
Link: http://work.alberta.ca/labour/land-agents-licensing.html
Notice Requirements
Subsection 27(4) of the Surface Rights Act sets out
that within 30 days after the fourth (4th) anniversary
of the date the right of entry order was made or the
term of the surface lease began, the operator shall
give notice to the lessor or respondent to inform them
they have the right to have the rate of annual
compensation reviewed.
This notice must state either (a) that the operator
wishes to have the rate reviewed, (b) that the
landowner or occupant has a right to have the rate
reviewed, or (c) when no rate has been fixed and the
surface lease or right of entry order relates to a
power transmission line structure, that the landowner
or occupant has a right to have one fixed (subsection
27(5) of the Act).
If, by the end of the fourth anniversary year, the
parties are unable to agree on a rate of
compensation, the party desiring to have the rate of
compensation reviewed or the compensation fixed
may apply to the Board. Generally, parties are able to
come to an agreement on their own. Once they have
done so, they cannot apply to the Board for review
until the next review period.
If the operator forgets or fails to give notice to the
lessor that the compensation is reviewable, the lessor
may, within a reasonable time, give notice to the
operator that they wish to have the compensation
reviewed. Where an operator forgets or fails to give
notice, interest may, at the Board’s discretion, be
awarded to the lessor.
Page 1 of 2
Land Agent Licensing
Bulletin 2016/04
Standards of Conduct and
Annual Compensation Reviews
Disclaimer: This general information is provided as a courtesy only.
If you need specific or legal advice, consult legislation or seek legal counsel.
More information in regard to Annual Compensation
Reviews can be found on Surface Rights Board
website:
The Standards of Conduct are:
Fulfillment of this role requires an understanding and
appreciation by Land Agents of their relationship to
industry, landowners and the legal system.
1. A Land Agent must uphold the standards and
reputation of the profession.
2. A Land Agent must be professional and courteous
at all times and treat all parties with dignity and
respect.
3. A Land Agent shall undertake only work that
person is competent to perform by virtue of their
training and experience as a Land Agent.
4. A Land Agent must carry out all duties with
honesty and integrity.
5. A Land Agent must act in good faith.
6. A Land Agent must act in the client’s best
interests, subject to any limitations imposed by
law or professional ethics.
7. A Land Agent must follow all applicable Statutes
and Regulations.
8. A Land Agent must not enter into a situation
where a conflict of interest may exist or arise.
9. Unless required by law or authorized by the client,
a Land Agent must keep confidential all
information acquired in the course of the
professional relationship.
A Land Agent should observe the highest standards
of conduct on both a personal and professional level
so as to retain the trust, respect and confidence of
industry, landowners and the public.
The Registrar of Land Agents has the authority to
cancel or suspend a Land Agent licence for a
contravention of the legislation or if it is in the public
interest to do so.
Land Agents are reminded that: Section 10 of the
Land Agents Licensing Regulation sets out the
fundamental principle that Land Agents must
conduct themselves in a professional and ethical
manner. It also provides for the Registrar to
establish Standards of Conduct that must be
adhered to by Land Agents when engaging in
legislated activities.
More information in regard to the Land Agent
Standards of Conduct can be found at:
http://work.alberta.ca/labour/standards-ofconduct.html
http://surfacerights.alberta.ca/ApplicationTypes/Comp
ensationReview.aspx
http://surfacerights.alberta.ca/ApplicationTypes/Comp
ensationReview/OverviewoftheProcess.aspx
http://surfacerights.alberta.ca/Portals/0/Documents/G
uide_to_Review_of_Annual_Compensation_Aug_201
2.pdf
Land Agent Standards of Conduct
Land Agents play a vital role in the negotiation for or
acquiring an interest in land, that in the absence of an
agreement, may be acquired by right of entry order or
expropriation.
Alberta Labour
Land Agent Licensing
9th Floor
108 Street Building
9942 108 Street
Edmonton, AB t5K 2J5
Ph.: 780-415-4600
Toll Free: 310-0000 (Alberta Only)
Email:[email protected]
Link: http://work.alberta.ca/labour/land-agents-licensing.html
Gosia Cichy-Weclaw
Registrar of Land Agents
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