Overview:

• Issue: Interpretation of section 25(1)(d) of the Surface Rights Act, focusing on compensation for "nuisance, inconvenience, and noise" caused by operations of a power transmission operator (AltaLink) outside land subject to right-of-entry orders (ROE Lands).

Key Legal Points:

• Statutory Interpretation:

  • Section 25(1)(d) allows compensation for:
    1. "Adverse effect of the area granted to the operator on the remaining land of the owner."
    2. "Nuisance, inconvenience, and noise" from the operator's activities, even if not located on ROE Lands.
  • The Court held these two components are distinct, rejecting the operator’s claim that compensation is limited to impacts on ROE Lands.

• Board's Authority:

  • The Alberta Surface Rights Board had authority to consider adverse effects arising from operations beyond ROE Lands under the "nuisance" clause.
  • However, the Court of Appeal noted that awarding compensation is subject to limits (e.g., operations must still relate to the approved project).

• Quantum of Compensation:

  • The Court of Appeal disagreed with the lower court's method of determining compensation based on common law nuisance and remitted the matter back to the Board for recalculation.

• Costs:

  • The lower court’s review of the Board’s cost decision was ruled beyond its jurisdiction. Costs decisions by the Board are not subject to appeal but could be challenged through judicial review.

Rulings:

1. On Compensation:

   • The Board can award compensation for nuisance, inconvenience, and noise caused by operator actions on non-ROE Lands.
   • The matter was sent back to the Board to determine appropriate compensation.

2. On Costs:

   • The lower court's decision to award full indemnity costs was overturned due to lack of jurisdiction.

3. Final Costs:

   • The respondents were awarded appeal costs: $97,632.38 (cumulatively across all respondents).