On Wednesday, Aug. 28, the National Energy Board (NEB) became the Canada Energy Regulator (CER). For further information please visit our Implementing the Canadian Energy Regulator Act information page
Chapter 8: Right of Entry
A company may apply to the NEB for a right of entry when it is unable to reach an agreement with a landowner for access to lands required for an authorized project.
- What is a right of entry order?
- What happens if the company and I do not reach an agreement?
- How do I know if the company is going to apply for right of entry and what rights do I have?
- What happens when I receive the application for right of entry and how do I object to it?
- Do you have templates I can follow?
- How does the NEB decide whether to grant a right of entry order?
- What if I disagree with the amount of compensation being offered (but I do not disagree with the granting of a right of entry order)?
This is an order which grants the company an immediate right to enter the lands to which the order applies. Compensation is payable to the owner if a right of entry order is granted.
If the company and you do not finalize a land agreement, the company may apply in writing to the NEB asking for a right of entry (ROE) order that would allow the company to have an immediate right to enter the lands. If the NEB grants the right of entry order, the company must make payment to the landowner and then it has to register, record or file that order at the local land titles or registry office. The company then has the right to enter the lands for the purposes stated in the order, such as construction of a new pipeline or facility or to repair an existing pipeline.
The company must provide written notice to you if it plans to apply to the NEB for the right of entry to your property. The company must prove to the NEB that it served you with a notice no less than 30 days and no more than 60 days from the date that it will apply to the NEB. This notice must tell you:
- the date when the company plans to apply to the NEB;
- the date when the company wishes to enter the lands;
- the NEB's address, so that you can send the NEB any written objection you may wish to make about the application for right of entry; and
- your right to an advance compensation payment if the order is issued.
The company must serve you with a copy of the right of entry application on the same day that it applies to the Board. If you choose to object to company’s application for a right of entry, the Board must receive your written objection within 10 days after you have received the company’s application. Your letter should give detailed reasons why you object to a right of entry order being granted by the Board. You may also submit any terms or conditions to be included in the order should the NEB decide to grant the company’s right of entry application. The company has up to seven days to reply to your written objection. The company must file any response it makes to your objection with the Board and provide you with a copy.
The NEB will consider the NEB Act and Rules, the company's application, your written objection, and the company's response to your objection before deciding whether to grant the company's request for the order. Your response should provide well-supported reasons and information for the Board to consider if you do not agree that a right of entry should be granted.
What if I disagree with the amount of compensation being offered (but I do not disagree with the granting of a right of entry order)?
If the NEB decides to grant the right of entry order, you would be entitled to receive compensation from the company before it enters the lands. If you disagree with the amount of compensation offered by the company, you may choose the negotiation or arbitration process. See Chapter 7 for information on arbitration and compensation.
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