Frequently Asked Questions - Orphan Site Management
Please review the document ‘How to Apply for Compensation’ at https://www.bcogc.ca/public-zone/orphan-site-management/land-owners-and-compensation. If you have additional questions, you may wish to review the following FAQs.
The Surface Rights Board (SRB) may make a payment order against a former permit holder with interest (which may be enforced like a court order with collection options), and sometimes may administer a security fund to satisfy payment. The Commission may make payment under section 46 of OGAA from the Orphan Site Reclamation Fund administered by the Commission.
Yes. After issuing a payment order against a former permit holder, the SRB will forward your application to the Commission for review. If payment is outstanding, the Commission will determine whether compensation is payable under section 46 of OGAA.
Yes, if you choose to apply to the SRB. If you choose to apply to the Commission, an application is required once. On each anniversary of the surface lease, the Commission will examine your application, and assess and determine your eligibility for further payment(s).
Yes, if you notify the Commission.
The Assignment transfers to the Commission the right to seek payment from the former permit holder for the money you receive from the Orphan Site Reclamation Fund (the Fund). In other words, instead of you pursuing the former permit holder for that money, the Commission can pursue the former permit holder for reimbursement of the money paid to you from the Fund. Any money recovered by the Commission is returned to the Fund, where it can be used to restore orphan sites, provide land owner compensation under section 46, or support other purposes of the Fund. It remains your choice to pursue any other claims you may have against the former permit holder under the surface lease.
Clause 1: “Nothing in or arising from this Assignment shall in any way alter or affect any other rights or claims of the Assignor under the Surface Lease, which may be pursued by the Assignor at its sole discretion.”
The clause means that the land owner remains a party to the surface lease and maintains any legal rights or claims that exist under the surface lease, other than the right to pursue payment from the former permit holder for money you receive from the Orphan Site Reclamation Fund.
Clause 2: “This Assignment does not convey any duties or obligations whatsoever to the Commission under or arising from the Surface Lease.”
The clause means that the Commission is not taking on any responsibilities or obligations under the surface lease as a result of the Assignment. The clause does not mean that you are waiving any rights to apply to the Commission for additional payment in the future, nor does it alter the Commission’s objective to complete restoration of orphan sites
Yes. An Assignment is required for each annual submission to the SRB, or once with your initial application to the Commission (the SRB version is found on its website, the Commission version on its website).
Yes. The Commission will contact you on or near your next surface lease anniversary with respect to completion of an Assignment, unless you notify us that you are applying to the SRB. If you are not applying to the SRB, an Assignment will be required only once. If you choose to apply to the SRB, an Assignment will be required on an annual basis.