Grainswest - Fall 2025

Fall 2025 grainswest.com 15 BY GEOFF GEDDES • PHOTO COURTESY OF JASON WOODHEAD how government and industry are going to play it, then we’re done, we’re out.” An additional participant in the talks, the Land and Property Rights Tribunal (LPRT) is an independent body established by the Province to provide quasi-judicial and alternative dispute resolution. “I thought the moderator was very brave,” said Mike Hartfield, exec- utive director of the tribunal. “He said he wanted to shine light in dark places, and he certainly did that; he got people talking.” BEYOND THE SURFACE One of the tribunal’s key functions is mediation of surface rights disputes. In Alberta, operators have assured access to private and Crown land to develop energy sources, for which landowners are entitled to fair compensation. “Usually, the two parties come to an agreement,” said Hartfield. “When they can’t, we try to help them bridge the gap. If all else fails, we go to a hearing.” If an operator defaults on lease pay- ments, the landowner can apply to the tribunal under Section 36 of the Surface Rights Act to recover this money. “For the longest time, we only had a few hun- dred applications a year,” said Hartfield. “Thanks to the dip in commodity prices in 2016, and again in 2020, we now get thousands.” While Hartfield understands some of the points raised by critics of the sessions, not all of them resonate. “I heard a lot of reminiscing about the old days, when parties to a dispute would meet with the tribunal in a pickup on a farmer’s land,” said Hartfield. “Some people asked why we can’t go back to that, but we received 6,518 applications to recover lost lease revenue in 2024 alone. It would take years to deal with them the old way.” Critics also complain too many lawyers are involved in dispute settlement. “We’re a tribunal,” countered Hartfield. “We can’t tell people to not bring lawyers.” As well, some wanted to see more farming or ranching experience among LPRT members, something the tribunal is working to address. “Twenty per cent of our current members have that expe- rience, but we can always do better,” said Hartfield. Of the 21 recommendations from the MAS sessions, only two applied to the tribunal, and Hartfield said they both reflect subjects covered in the talks. As for the other 19, which include points to maximize operational efficiency and commit to stakeholder collaboration, there is some skepticism afoot. “I’ve been an environmental scientist for 30 years, and I’ve never seen anything that vague,” said McLauchlin of the recommenda- tions. “It looked like a book report writ- ten by ChatGPT. There are some good points, but no firm details or conclusions. Industry needs to pick their top three issues and come to the table openly and frankly for discussions.” A WEIGHTING GAME As a key player in the controversy, the government carries much weight, and some want to see it used more often. “Don’t allow companies to operate and not pay their bills or tend to the sites when they stop using them,” said McLauchlin. “Operators, you’re borrowing my land, and in return, you promise to give me money and clean up when you leave. It is shocking that the government is letting them renege on their commitments.” The recommendations from the MAS meetings have not yet been formally accepted by the Alberta government, and it’s unclear what comes next. Whatever happens, McLauchlin has some frank advice. “The government does not have your back; don’t think they will fix this. Dad always told me that the only person who will take care of you is you.” Spring consultations on the Mature Asset Strategy report were intended to gather feedback from affected parties. The relationship between the oil and gas industry and the Province on one side, and farmers and municipalities on the other, remains tense.