Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 06 OCTOBER 2014

B.C. Surface Rights Board Reduces Rent Payable After Landowners Fail To Prove Loss

Bennett Jones LLP
Bennett Jones LLP
Contributor
Bennett Jones LLP

Bennett Jones LLP

Bennett Jones is one of Canada’s premier business law firms. With deep experience in complex...

View firm profile
Explore more from Bennett Jones LLP

The B.C. Surface Rights Board awarded compensation to landowners less than the amount previously offered by the operator.

CanadaEnergy and Natural Resources
Michael Theroux
Michael Theroux
Shawn Munro
Shawn Munro
Daron Naffin
Daron Naffin
Laura Gill
Laura Gill
Author LinkedIn connections

In the recent decision of the B.C. Surface Rights Board in Encana Corporation v Perry Burl Piper and Leslie Lancelot Dowd, the Board awarded compensation to landowners less than the amount previously offered by the operator. In doing so, the Board adopted the principles for landowner compensation under the Petroleum and Natural Gas Act articulated earlier this year by the B.C. Supreme Court in Progress Energy Canada Ltd v Salustro, 2014 BCSC 960. As discussed in a previous post, Progress clarified that the onus is on the landowner in a rent review hearing to adduce evidence of ongoing prospective loss.

In Encana, the landowners sought an increase in the amount of rent payable by Encana for surface access in relation to the operation of several gas wells and pipelines. Drawing from Progress, the Board maintained as follows:

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Powering Up: Grid Access, Strategic Screening And Canada’s Emerging Data Centre Regimes

Canada is rapidly becoming a key destination for data centre investment, fueled by artificial intelligence and cloud computing growth. However, this expansion places unprecedented demands on electricity grids, water resources, and local communities. As federal and provincial governments introduce new frameworks to manage these resource challenges, developers and investors must navigate an increasingly complex landscape where power strategy...
CanadaEnergy and Natural Resources
McMillan LLP
McMillan LLP
Article

Data Centre West 2026: Alberta's Digital Infrastructure Moment Has Arrived

Alberta's data centre sector has evolved from speculative interest into billions in committed investment, supported by a new regulatory framework and hyperscale commitments from Meta and AWS. However, grid capacity constraints, power procurement challenges, unresolved federal copyright issues affecting AI training workloads, and community concerns about environmental impacts present significant obstacles that require continued collaboration between industry, government, and regulators.
CanadaEnergy and Natural Resources
Bennett Jones LLP
Bennett Jones LLP
Article

Government Of Canada Makes Significant Changes To Energy Project Approvals Process

On September 3, the Government of Canada published amendments removing seven types of energy projects from the Physical Activities Regulations (the Project List) under the Impact Assessment Act (IAA). As a result, these types of projects will no longer be subject to the IAA but will continue to be regulated by the Canada Energy Regulator Act (CER Act) or applicable provincial environmental assessment regimes.
CanadaEnergy and Natural Resources
Torys
Torys
Article

Ontario’s Draft Data Centre Playbook: Implications For Investors, Operators, And Developers

Digital infrastructure operators in Ontario are capitalizing on Canada’s growing reputation as a premier data centre jurisdiction. Demand for grid access in the province has increased substantially, with an interconnection queue potentially reaching 10,000 MW. In response, on August 13, 2026, the province released its draft Data Centre Playbook (the “Playbook”).
CanadaEnergy and Natural Resources
Gowling WLG
Gowling WLG
Article

Digging Deeper: Canadian Mining Sector Tax Update

Canada’s mining sector is at an important inflection point. Against a backdrop of growing global demand for critical minerals and increased competition for investment capital, the Canadian federal government has recently introduced a series of tax measures designed to encourage investment and strengthen the competitiveness of Canada’s mining industry. For investors, these measures may meaningfully influence the after-tax economics of projects and financing structures across the mining value chain.
CanadaEnergy and Natural Resources
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Article

Ontario Proposes Amendments To Streamline Electricity Transmission Development

Ontario's Ministry of Energy and Mines has proposed exempting electricity transmission projects procured by the Independent Electricity System Operator from the traditional leave to construct approval requirement. This regulatory change could significantly streamline the development timeline for bulk system transmission infrastructure, including the pending Toronto Third Line procurement, while maintaining environmental assessment and Indigenous consultation requirements.
CanadaEnergy and Natural Resources
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Article

Notice Concerning The Quota For Imports Of Chinese Electric Vehicles

The Government of Canada has introduced new rules governing the second allocation period for electric vehicle imports from China, increasing the available quota to 33,397 vehicles while maintaining strict permit requirements and a first-come, first-served allocation system. Global Affairs Canada signals potential intervention measures to ensure equitable access, particularly for original equipment manufacturers and new market entrants navigating this highly regulated import regime.
GlobalInternational Law
Bennett Jones LLP
Bennett Jones LLP
Article

Ontario Court Bifurcates Class Action As Practical Approach To Onerous Discovery Demands

An Ontario court granted a motion to bifurcate liability and damages stages in a class action alleging $500 million in hidden fees, finding that extensive documentary production requests were disproportionate and not relevant to determining liability. The decision addresses proportionality concerns in class actions where defendants face onerous discovery demands spanning millions of transactions over a decade.
CanadaLitigation, Mediation & Arbitration
Bennett Jones LLP
Bennett Jones LLP
Article

Data Centre West 2026: Alberta's Digital Infrastructure Moment Has Arrived

Alberta's data centre sector has evolved from speculative interest into billions in committed investment, supported by a new regulatory framework and hyperscale commitments from Meta and AWS. However, grid capacity constraints, power procurement challenges, unresolved federal copyright issues affecting AI training workloads, and community concerns about environmental impacts present significant obstacles that require continued collaboration between industry, government, and regulators.
CanadaEnergy and Natural Resources
Bennett Jones LLP
Bennett Jones LLP
Article

Canada Launches Responsible Data Centre Development Principles: What Clients Need To Know

Canada has introduced a new national framework setting expectations for data centre infrastructure development, with 42 major industry signatories including Amazon, Google, Meta, Microsoft and NVIDIA. The Principles establish five core requirements covering local benefits, electricity cost allocation, environmental impacts, transparency and strategic value, though their practical implementation will depend heavily on provincial and municipal policy decisions.
CanadaGovernment, Public Sector
Bennett Jones LLP
Bennett Jones LLP
Article

The Q3 2026 PE Briefing

The Canadian private equity landscape navigates a transition period marked by prolonged market volatility and stalled exit activity, yet demonstrates resilience through strategic investments in high-growth sectors. Q3 2026 analysis reveals how larger commitments, power and utilities investments, evergreen fund expansion, and healthcare sector dynamics are shaping the market amid escalating trade tensions and evolving investor strategies.
CanadaFinance and Banking
Bennett Jones LLP
Bennett Jones LLP
Article

The New Canadian Children's Privacy Code Could Impact Your Organization

Canada's Office of the Privacy Commissioner has launched the country's first Children's Privacy Code, establishing comprehensive guidelines for how organizations must handle the personal information of minors online. The Code introduces strict requirements around consent, data minimization, and prohibits practices like behavioral profiling for marketing purposes, with expectations that organizations implement age-appropriate privacy protections now rather than waiting for upcoming legislative changes.
CanadaPrivacy
Bennett Jones LLP
Bennett Jones LLP